KMG International NV v Chen and another

Conflict of laws – Jurisdiction. The first defendant had not established that England was not an appropriate forum for the trial of a claim seeking compensation in respect of the alleged unlawful dissipation of assets owned by a Dutch company, or that the Dutch courts were clearly or distinctly more appropriate than the English courts. Accordingly, the Commercial Court dismissed the first defendant's application for a stay of the proceedings. Further, the court dismissed the second defendant BVI company's application to set aside permission to serve it out of the jurisdiction.

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