Forum Non Conveniens | Recent BVI Commercial Court Guidance

BVI Commercial Court provides guidance on the place of incorporation as a factor when deciding a "forum non conveniens" application.
 
Walkers has recently acted for Applicants which successfully challenged forum in favour of the Russian courts. The Claimants unsuccessfully relied on the parties' jurisdiction of incorporation as a factor determining the appropriate forum for their claim.
 
The claim was a derivative action brought under Russian law on behalf of a Russian company which sought damages following alleged breaches of Russian corporate legislation.  The four Applicants were companies incorporated in the BVI and of the other Defendants, one was a company incorporated in Cyprus, one was a company incorporated in Russia, and one was a Russian national.