Posts Tagged Spiliada
MB, Services Ltd and Golovina v Rusal. Forum non and Spiliada in Jersey. Stay granted largely on basis of attorney intimidation.
A quick note on MB and Services Limited and Golovina v United Company Rusal Plc  JRC034 in which Birt C rejected an application for a stay on forum non conveniens grounds. He applied Spiliada of course, with at 139 the reasons for holding on balance that there is a real risk that claimants will not obtain justice in Russia. Note at 7 the specific weight attached to the intimidation of claimants’ attorney in Russia.
A flag simply to lead readers to a recent textbook application of Spiliada forum non conveniens authority: Moulder J in  EWHC 1078 (Comm) KMG v Chipper. held: it was not established that in the circumstances of this case, England is not an appropriate forum for the trial and further that the Dutch courts are clearly or distinctly more appropriate than the English courts.
(Handbook of) EU private international law, 2nd ed. 2016, Chapter 2, Heading 184.108.40.206
Chinachem: Forum non conveniens, non-exclusive choice of court and concurrent proceedings in Hong Kong and Mainland China.
I reported earlier on the waiver of privilege issues in Chinachem. The Hong Kong High Court has now also ruled on the issue of application of forum non conveniens in the event of concurrent proceedings in Hong Kong and mainland China. In a lengthy judgment (particularly resulting from extensive summary of counsel arguments but also of relevant precedent), Ng J recalls English precedent on forum non conveniens (Spiliada evidently being featured) and the way in which said precedent has been applied in Hong Kong. (Carrie Tai has excellent overview here).
Contract between the parties included choice of court and choice of law as follows: ‘This Agreement shall be governed by the laws of Hong Kong and it shall be construed by the laws of Hong Kong. Both parties agree to submit to the non-exclusive jurisdiction of the courts of Hong Kong.’
Ng J in the end rejects all arguments suggesting a stay in favour of the mainland proceedings. In doing so, she confirmed the tendency of Hong Kong courts (like indeed their English common law counterparts) to only brush aside choice of court in exceptional circumstance. Even if that choice of court is, such as here, non-exclusive. The concurrent proceedings stand.