The Weekly Law Reports
[2024] 4 WLR 47
King’s Bench Division
Zephyrus Capital Aviation Partners 1D Ltd and others
v
Fidelis Underwriting Ltd and others
[2024] EWHC 734 (Comm)
2024 Feb 7, 8, 12, 13; March 28
Henshaw J
Practice— Stay of proceedings— Jurisdiction clause— Defendants seeking stay of claims to give effect to Russian exclusive jurisdiction clauses— Claimants asking court to exercise discretion to refuse stay on ground of risk of unfair trial in Russia— Proper test for determining whether court to exercise discretion— Relevance of fact that unfair trial in agreed forum foreseeable at time contract entered into— Test for degree of risk of unfair trial— Proper approach to conflicts in expert evidence
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