JPIL Vol 5 Issue 1 2014 - Article 4

‘AVAILABLE FORUM’ IN THE SPILIADA TEST: THE AMBIGUITY IN MEANING AND PRACTICE

Eleanor S. Yuen

Abstract
This Article examines the test in Spiliada Maritime Corporation v Cansulex Ltd in the context of private international law. The analysis of the cases in this Article shows that the concept of an ‘available forum’ in The Spiliada has ridden with uncertainty. The application of the concept has also caused practical problems, to which the author suggests a pragmatic approach.


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