along with the perceived creation of (yet) another evidentiary burden for complainants to demonstrate they risk to be denied substantial
justice in the alternative forum. Claire Bright regards this as a contradictory approach by the Court, also drawing –together with Lucas Roorda – parallels with forum necessitatis requirements. However, practice will tell how much of a hurdle the “forum conveniens” and substantial
justice analysis represents for claimants and the general cause of access to
justice. In my view, the substantial
justice analysis used by the UKSC as determinant for the...
26.04.19
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Carlos Lopez
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