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Location, location, location

19 April 2012 / Teniola Onabanjo , Paul Lowenstein KC
Issue: 7510 / Categories: Features , Banking , Commercial
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Paul Lowenstein QC & Teniola Onabanjo detail why London has become a centre for international litigation

Few will have missed the High Court battle between Boris Berezovsky and Roman Abramovich. JSC BTA Bank’s many claims against Mukhtar Ablyazov and others in relation to an alleged fraud are also ongoing. These high profile cases involving foreign nationals highlight the increasing regularity with which international disputes are litigated in London. Presently, in the Commercial Court approximately 86% of cases involve at least one foreign party and in around 50% of cases all parties are from outside the UK. A glance at the Chancery cause list reveals a similar picture.

In some of these instances, the action will be brought in London because jurisdiction has been established, by agreement or under common law or European forum rules. However, a large number of litigants are choosing to resolve their disputes before the English courts in circumstances where the parties have little or no connection to England. What is driving them to do so?

Legal expertise

The

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Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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