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case management stayjurisdictionnegative declaration
Athena Capital Fund v Secretariat of State of the Holy Sea
Athena Capital Fund SICAV-FIS SCA v Secretariat of State of the Holy See [2022] EWCA Civ 1051; [2022] 1 WLR 4570
Key Principle
Where parties have agreed an exclusive English jurisdiction clause, the court should not lightly impose a case-management stay of an otherwise properly constituted claim (including a claim for negative declarations) in favour of foreign criminal proceedings; the legitimacy of negative declaratory relief and the parties' contractual right of access to the agreed forum weigh strongly against such a stay.
Area of Law
General
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