14 Jan 2022
DP WORLD DJIBOUTI FZCO AND OTHERS v. CHINA MERCHANTS PORT HOLDINGS CO LTD
- Citation
- [2022] HKCA 84
- Court
- Court of Appeal
- Case number
- CACV86/2020
The Court dismissed the defendant's appeal and affirmed the judge's refusal to stay proceedings: the defendant failed to show Djibouti was clearly and distinctly the more appropriate forum under the two-stage Spiliada analysis, and the plaintiffs demonstrated cogent evidence of real risk that substantial justice might not be obtained in Djibouti (including issues over the 3rd plaintiff's authority, administrative appointments and witness availability); accordingly Hong Kong should retain jurisdiction and no stay is granted.