header-logo header-logo

Better connected

04 October 2013 / Clare Arthurs , Richard Marshall
Issue: 7578 / Categories: Features , Commercial
printer mail-detail
istock_000002498266medium

When it comes to forum shopping, every little (fact) counts, say Richard Marshall & Clare Arthurs

London appears increasingly popular as a centre for international litigation, particularly among litigants from the former Soviet Republic. You might be forgiven for thinking that international litigants have open access to the UK courts, irrespective of how tenuous the connection might be between the circumstances of their case and this jurisdiction. Recent cases however suggest that international forum shoppers may now be swimming against the tide.

View from the top

In VTB Capital plc v Nutritek International Corp [2013] UKSC 5, [2013] All ER (D) 47 (Feb) the Supreme Court refused VTB Capital (VTB) permission to serve proceedings outside the jurisdiction, on the basis that England was not the proper forum for the resolution of the dispute. It was not however a clear cut decision: Lord Clarke and Lord Reed dissented from the majority view, held by Lords Neuberger, Mance and Wilson. Unpicking these judgments provides useful guidance on how the courts will approach the thorny issue

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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll