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25 September 2009 / Kristian Grice , Michael Fenn
Issue: 7386 / Categories: Features , Commercial
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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

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NEWS
The government is considering introducing a Serious Fraud Office (SFO) financial incentives scheme for individuals who report economic crime
Defendants will attend their first court hearing virtually via a secure link from a police custody suite, the Ministry of Justice (MoJ) has confirmed in its response to Lord Leveson’s independent review of the criminal courts
The Law Commission has proposed a major overhaul of product liability laws to bring them in line with the digital age and era of artificial intelligence (AI)
The Sentencing Council is consulting on three new and three revised guidelines for ‘Bladed article and offensive weapon etc offences’
The Ministry of Justice has laid secondary legislation to allow, for the first time, proceedings in the Administrative Court, a part of the King’s Bench Division in the High Court, and sentencing remarks by the Chief Magistrate to be broadcast
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