- Cited — Nokia Technologies OY & Anor. v OnePlus Technology (Shenzhen) Co, Ltd & Ors. 2022-07-11
“…e determined. For this purpose the court must have regard to the totality of the dispute between the parties: see VTB Capital Plc v Nutritek International Corp [2013] UKSC 5,[2013] 2 AC 337 at [57] (Lord Mance), [90]-[91] (Lord Neuberger of Abbotsbury) and [192]-[193] (Lord Clarke of Stone-cum-Ebony).…”
- Explained — Samsung Electronics Co. Ltd & Ors. v LG Display Co. Ltd & Anor. 2022-04-01
“… 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 England is clearly the appropriate forum for the claim.…”
- Considered — Zayn Al-Abidin Muhammad Husayn v The Foreign and Commonwealth Office 2022-03-16
“… considered in a number of cases. It is sufficient at this stage to refer to the decision of the Supreme Court in VTB Capital Plc v Nutritek International Corpn[2013] UKSC 5, [2013] 2 AC 337. The fullest treatment of the issue is contained in the judgment of Lord Clarke, who said:…”
- Cited — The Public Institution for Social Security v Banque Pictet & CIE SA & Ors. 2022-01-26
“…nd and trial abroad would be measured "in hours and not days". Nor is it consistent with what Lord Neuberger stated in VTB Capital plc v Nutritek International [2013] UKSC 5 at [82] and [83]:…”
- Cited — Shenzhen Senior Technology Material Co Ltd v Celgard, LLC (Rev 1) 2020-10-09
“…d to establish a serious issue to be tried, and it did not lie on Senior to show that there was no such issue: see VTB Capital pc v Nutritek International Corp [2013] UKSC 5, [2013] 2 AC 337 at [90] (Lord Neuberger of Abbotsbury).…”
- Doubted — Rossendale Borough Council v Hurstwood Properties (A) Ltd & Ors 2019-03-07
“…Lord Neuberger, who in VTB Capital plc v Nutritek International Corporation [2013] UKSC 5, [2013] 2 AC 337 had doubted the existence of any principle permitting the courts to disregard the separate legal personality of a company, accepted that the p…”
- Applied — Huawei Technologies Co, Ltd v Conversant Wireless Licensing S.A.R.L. 2019-01-30
“…he Spiliada continue to apply. These were considered by the Supreme Court, in relation to CPR 6.37, in VTB Capital plc v Nutritek International Corp and others [2013] UKSC 5; in particular in the judgment of Lord Mance at [12] – [18]. In summary:…”
- Cited — Huawei Technologies Co, Ltd v Conversant Wireless Licensing S.A.R.L. 2019-01-30
“…ty of the dispute, including where necessary the defendant’s answer to the claim. So much is clear from VTB Capital plc v NutritekInternational Corp and others [2013] UKSC 5, in particular from the speech of Lord Mance at [57], Lord Neuberger at [90]-[91] and Lord Clarke at [192].…”
- Doubted — Kaefer Aislamientos SA De CV v AMS Drilling Mexico SA De CV & Ors 2019-01-17
“…he test were not in issue in Brownlie or in Goldman Sachs. The burden of proof remains upon the Claimant: see eg VTB Capital plc v Nutritek International Corpn [2013] UKSC 5 at paragraphs [90] - [91]. For the avoidance of doubt the test under limb (i) is not balance of probabilities: See eg Cherney v Deripaska (No2) [2008] EWHC 153…”
- Cited — Iiyama (UK) Limited & Ors. v Samsung Electronics Co. Ltd. & Ors. 2018-02-16
“…The correctness of these principles was accepted when the case went to the Supreme Court: see [2013] UKSC 5, [2013] 2 AC 337, at [199] per Lord Clarke of Stone-cumEbony JSC. Lord Clarke added (ibid.) that “two further and important points emerged” from one of the fou…”