Ceskoslovenska Obchodni Banka AS v Nomura International plc and Others: QBD 9 Dec 2002

The parties were in a substantial dispute. The respondents sought the hearing of the action in England, citing the greater experience in commercial litigation, and procedures better suited to such litigation. They also argued that the long delay likely in the Czech Republic would deny their right to a speedy trial.
Held: The Czech Republic being the more appropriate forum, and despite the fact that there might be delay, even to the point or breaching the claimant’s right to a speedy trial, that forum should still be chosen where substantial justice remained obtainable. The English action should be stayed. Other characteristics of the Czech system were consistent with Civil Law jurisdictions.

Jonathan Sumption QC
Times 16-Dec-2002
European Convention on Human Rights Art 6
England and Wales

Human Rights, Jurisdiction

Updated: 20 January 2022; Ref: scu.178513