- Cited — Vale SA v BHP Group (UK) Ltd & Anor 2023-11-24
“…The focus of the PTA application is the appropriate forum for the Part 20 claim. The leading authorities are Spiliada Maritime Corp v Cansulex [1987] AC 460 (“Spiliada”), AK Investment CJSC v Kyrgyz Mobil Tel Limited [2011] UKPC 7, [2012] 1 WLR 1804(“Altimo”), and Vedanta Resources Plc v Lungowe UKSC 20, [2020] AC …”
- Cited — Deutsche Bank AG v Ruschemalliance LLC 2023-10-11
“…ept: see per Lord Briggs JSC at [66]. He there identified the concept as that fleshed out by Lord Goff in Spiliada Maritime Corpn v Cansulex Ltd (The Spiliada) [1987] AC 460, 475-484, summarised as being that the task of the Court is to “identify the forum in which the case can be suitably tried for the interests of all the parties…”
- Cited — GW Pharma Limited & Anor v Otsuka Pharmaceutical Co, Limited 2022-11-08
“…On forum non conveniens, the case was argued on the conventional basis of the principles in Spiliada Maritime Corp v Cansulex Ltd [1987] AC 460. GW Pharma argued on various grounds that New York was an available forum where the case may be more suitably tried for the interests of all parties and the en…”
- Cited — Município de Mariana v BHP Group (UK) Ltd & Anor. 2022-07-08
“…he English courts must be judged by reference to the well-established principles laid down by Lord Goff in Spiliada Maritime Corp v Cansulex Ltd (The Spiliada) [1987] AC 460 (“Spiliada”). If the jurisdiction to strike out for abuse of process is to be engaged by reference to forum non conveniens factors, then the operation of those…”
- Explained — Samsung Electronics Co. Ltd & Ors. v LG Display Co. Ltd & Anor. 2022-04-01
“…onal element involving foreign defendants are invariably tried in London. As explained in such well-known cases as Spiliada Maritime Corporation v Cansulex Ltd [1987] AC 460 and VTB Capital Plc v Nutritek International Corpn [2013] UKSC 5, [2013] 2 AC 337, this means that the burden is on the claimant to satisfy the court that Engl…”
- Cited — Walter Tzvi Soriano v Forensic News LLC & Ors. 2021-12-21
“…iada”principles as to the appropriate forum or (in the classic language) forum conveniens for the trial of the claim: see Spiliada Maritime Corp v Cansulex Ltd [1987] AC 460, 478-480 (Lord Goff). The question is whether this jurisdiction is “clearly or distinctly” the most appropriate. The appropriate forum is the one in which the …”
- Cited — Manek & Ors v IIFL Wealth (UK) Ltd & Ors (2) 2021-05-04
“…In Spiliada Maritime Corp. v Cansulex Limited [1987] AC 460, the House of Lords said that this issue fell to be resolved by way of a two stage test. The first stage in this case requires the Appellants to establish that…”
- Followed — Shenzhen Senior Technology Material Co Ltd v Celgard, LLC (Rev 1) 2020-10-09
“…“The best known fleshed-out description of the concept is to be found in Lord Goff of Chieveley's famous speech in the Spiliada case [1987] AC 460, 475–484, summarised much more recently by Lord Collins JSC in the Altimo case [2012] 1 WLR 1804, para 88 as follows: ‘the task of the court is to identify the…”
- Cited — E D & F Man Capital Markets Ltd v Straits (Singapore) PTE Ltd 2019-11-26
“…The judge referred to CPR6.37(3) which gives expression to the forum conveniens test as described by Lord Goff in The Spiliada [1987] AC 460 at 475-484 and to the formulation of the test more recently by Lord Collins JSC in Altimo Holdings and Investment Ltd v Kyrgyz Mobil Tel Ltd[2011] UKPC 7,[2012…”
- Cited — Kennedy v The National Trust for Scotland 2019-04-16
“…Lord Templeman in The Spiliada [1987] AC 460 , 465 said that the determination of the appropriate forum is “pre-eminently a matter for the trial judge”, because “commercial court judges are very experienc…”
- Cited — Huawei Technologies Co, Ltd v Conversant Wireless Licensing S.A.R.L. 2019-01-30
“…Basing himself on the speech of Lord Goff in Spiliada Maritime Corp v. CansulexLtd [1987] AC 460, the judge summarised the approach to forum non conveniens challenges at paragraphs 42 to 43 of his judgment in terms which neither side criticised:…”
- Cited — Eurasia Sports Ltd v Aguad 2018-07-24
“…wn to have erred in principle. The weight to be given to the various factors in the evaluation is a matter for the judge: Spiliada Maritime Corp v Cansulex Ltd [1987] AC 460 at 486C. That principle was recently re-emphasised in VTB Capital plc v Nutritek International Corp [2013] 2 AC 337 at [69], [93]-[94] [156], [191] and [229].…”
- Cited — Orexim Trading Ltd v Mahavir Port And Terminal Private Ltd & Ano 2018-07-13
“…It is clear from the decision of the House of Lords in Spiliada Maritime Corporation v Cansulex Ltd [1987] AC 460, 480H – 481E that where a claimant seeks to persuade the court to grant permission to serve proceedings outside England and Wales:…”
- Considered — Iiyama (UK) Limited & Ors. v Samsung Electronics Co. Ltd. & Ors. 2018-02-16
“…The principles were considered by the House of Lords in Spiliada MaritimeCorp vCansulex Ltd, sub nom The Spiliada [1987] AC 460. Although the wording of the present rules is different from those under consideration in that case, the principles remain the same. Further, the principles ap…”