The Abidin Daver - House of Lords (Lord Diplock, Lord Edmund-Davies, Lord Keith, Lord Brandon and Lord Templeman) - 26 January 1984

House of Lords acknowledges doctrine of “forum non conveniens” now applicable in England

The House of Lords has reviewed the principles on which judges should exercise their discretion to grant a stay of proceedings, where there is already in existence a pending suit in a foreign jurisdiction ( lis alibi pendens ). The facts of the case were that a collision had occurred between the Cuban vessel Las Mercedes and the Turkish vessel Abidin Daver in the Bosporus. The Cuban vessel was arrested in Turkish waters at the suit of the owners of the Turkish vessel with a view to beginning an action in the Turkish courts. Two months later a sister ship of the Abidin Daver was arrested in England by the Cuban shipowners with a view to starting a second action, in which the Cubans would be the plaintiffs, claiming damages for the collision on the basis that the Turks were at fault. The Turkish owners applied to the Admiralty Court for the proceedings to be stayed. Sheen J. granted a stay. The Court of Appeal overturned that decision and the Turkish owners appealed to the House of Lords.