Ahmed & Anor v Ali Khalifa

Ahmed & Anor v Ali Khalifa

The Defendant failed to establish that Bahrain is clearly and distinctly the more appropriate forum for trial. The connections to England, though limited, are not outweighed by those to Bahrain, and no real risk of injustice in Bahrain was proven. Proceedings should continue in England.

Parties
Claimant: Ahmed Adel Abdallah Ahmed; Claimant: CBSC Events & Exhibition and Conference Organizers; Defendant: Sheikh Hamad Isa Ali Khalifa
Jurisdiction
England and Wales
Judgment Date
23 May 2017
Procedural Posture
Commercial Court Claim / Ruling on Application to Stay Proceedings for Forum Non Conveniens
Outcome
Application to stay proceedings dismissed; action allowed to continue in England.
Legal Topics
Forum Non Conveniens, Jurisdiction, Fair Trial, Agency Contract, Independence of Judiciary
Civil Procedure Conflict of Laws Forum Non Conveniens Jurisdiction Fair Trial Agency Contract Independence of Judiciary

Case Brief

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Parties

Ahmed Adel Abdallah Ahmed

Claimant

CBSC Events & Exhibition and Conference Organizers

Claimant

Sheikh Hamad Isa Ali Khalifa

Defendant

Procedural Posture

Commercial Court Claim / Ruling on Application to Stay Proceedings for Forum Non Conveniens

Legal Issues

  1. 1 Whether proceedings should be stayed on grounds of forum non conveniens in favour of Bahrain
  2. 2 Whether there is a real risk of injustice or lack of fair trial in Bahrain due to Defendant's royal status
  3. 3 Appropriate forum for dispute involving oral agency contract between parties with connections to Bahrain, Dubai, and England

Ratio Decidendi

The Defendant failed to establish that Bahrain is clearly and distinctly the more appropriate forum for trial. The connections to England, though limited, are not outweighed by those to Bahrain, and no real risk of injustice in Bahrain was proven. Proceedings should continue in England.

Court Disposition

Application to stay proceedings dismissed; action allowed to continue in England.

Orders

  • Costs to follow the event; parties to agree appropriate order.
  • Directions to be given for further conduct of proceedings.