Funds Burned by Suspension of Nickel Trading at Start of Ukraine War Lose Bid For Pre-Action Discovery Against Exchange

Russia is one of the world’s largest producers of nickel. When Russia invaded Ukraine in February 2022, the price of nickel began to skyrocket. On March 8, 2022, after prices more than doubled in overnight trading, the London Metal Exchange (LME) suspended nickel trading and, later that day, cancelled all nickel trades made on that day. Some firms adversely affected by the suspension and cancellation commenced judicial review proceedings to challenge the LME’s actions. Others, including five investment firms claiming nearly $100 million in losses, sought pre-action discovery from the LME and its affiliated clearinghouse. This article details the circumstances leading up to the LME’s actions; the ensuing disputes and challenges; and the investment firms’ unsuccessful efforts to obtain pre-action disclosure. See “Hedge Fund Manager Elliott Management Withdraws Petition Seeking Discovery from Absolute Return + Alpha Regarding Identity of Source of Leaked Investor Letter” (Sep. 10, 2010).

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