позволю себе процитировать уже указанное выше
- Ukraine submits that this issue is unsuitable for summary determination. The Trustee’s response is that summary determination is appropriate because it is clear that the matters raised by Ukraine in its duress defence are non-justiciable, and cannot afford a defence
- But the case law appears to show such issue being considered prior to a trial, in effect as a threshold issue. If therefore the Trustee can establish non-justiciability as a matter of law on a sufficient factual foundation, complexity or the fact that the case law is evolving should not stand in the way of a decision at the summary judgment stage
- This point was powerfully put by Finance Minister Danyliuk in his evidence, and the court has given it careful consideration. However, ultimately, this is a claim for repayment of debt instruments to which the court has held that there is no justiciable defence. It would not be right to order the case to go forward to a full trial in such circumstances.