ABSTRACT

It was held by the House of Lords in Seaconsar Far East Ltd v Bank Markazi10 that, to obtain leave to issue and serve a writ out of the jurisdiction, a plaintiff must show: (a) a good arguable case that the court has jurisdiction within one or more of the

grounds specified in Ord 11; (b) a serious issue to be tried on the merits (analogous to the American Cyanamid test);11

(c) that the case is a proper one for the court to try under the doctrine of forum conveniens.