header-logo header-logo

25 September 2009 / Kristian Grice , Michael Fenn
Issue: 7386 / Categories: Features , Commercial
printer mail-detail

Courting controversy

Michael Fenn & Kristian Grice on why more global disputes are heading for English courts

In the modern world of commercial globalisation, there are an increasing number of relationships between parties that span different legal jurisdictions. When things go wrong, a party may want the security of knowing that the English courts will decide the dispute. In particular, there has been a keen appetite on the part of Russian and Ukrainian oligarchs in recent years to battle out their disputes here, but how certain can any parties be that the English courts will decide their dispute? Two recent cases have provided further judicial guidance on this issue.

Is the English court the natural forum?

There must, of course, be some connection with this jurisdiction for it to be the natural forum in which a case should be tried, being the forum “with which the action ha[s] the most real and substantial connection” (The Abidin Daver [1984] 1 AC 398 (The Abidin Daver)).
Some factors to consider for this include, for example, whether at least one of the parties is based in this jurisdiction, or

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll