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.
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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
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