The claimant alleged that he was entitled by an oral agreement to a share of a Russian company known as “Rusal”, that English law and jurisdiction had been orally agreed, and that it would not be possible to bring his claim in Russia since he would face assassination, arrest on trumped-up charges and the lack of a fair trial.
The appeal was concerned with where the trial of an action should take place. Geoffrey Vos QC, David Foxton QC, David Lord QC and James Weale (instructed by Dechert LLP) for the claimant. If a court has concluded in a leave to serve out case that the natural forum is other than England, it remains open to the court still to find England the “proper forum”.Īli Malek QC, Joe Smouha QC, Christopher Harris (instructed by Bryan Cave) for the defendant. Court of Appeal, Civil Division, Waller, Moore-Bick LJJ and Sir John Chadwick, 31 July 2009
