WebThe first limb of the Spiliada test: ‘natural or ‘appropriate’ forum It is common to refer to the court proposed by the defendant under the first limb of the Spiliada test, as ‘the natural … WebApr 9, 2024 · Spiliada Maritime Corp v Cansulex Ltd 1987 Conflict of Laws. Spiliada Maritime Corp v Cansulex Ltd [1987] AC 460 is a leading case in English law on the issue of forum non conveniens. ... The exam is designed to test a candidate's knowledge of New York law and procedure, which is a requirement for admission to the bar in t... Read More. …
Should the Spiliada Test Be Revised? - ResearchGate
WebMay 29, 2024 · In that case the court will apply the Spiliada test, taking into account the usual connecting factors, including the non-exclusive jurisdiction clause itself. The weight … WebSpiliada, equates the two tests on the basis that both clearly involve the same aim of determining where the case could most suitably be tried for the ends of justice. Lord Templeman seems to equate "justice" under the Spiliada test with "balance of fairness" under the statute. It is suggested that the statutory test is chairman of the board upmc
Arzandeh, A. (2014). Journal of Private International …
WebApr 5, 2024 · Simply put, the Spiliada test is applied in two stages: At stage 1, the putative natural forum is the jurisdiction with the closest and most real connection with the dispute. This is because such a forum would arguably be best placed to hear the dispute, while incurring the least expense and inconvenience to the parties involved. WebApr 17, 2014 · Abstract. This article examines recent English authorities concerning the forum (non) conveniens doctrine. It seeks to demonstrate that, largely as a consequence … WebSpiliada Maritime Corporation v. Cansulex Limited^ Introduction IN 1973, the House of Lords in The Atlantic Star2 relaxed the strict for ... 11 Under the previous test in MacShannon v. Rockware Glass Ltd. [1978] A.C. 795, 812, only two factors were stated by the House of Lords as relevant considerations. One was the con chairman of the board security bank