Forum non conveniens in the Commercial Court – James Shaw successful in defeating jurisdiction challenge: Nova Leipzig SARL v Gravity Fitness Ltd [2025] EWHC 1262 (Comm)

James Shaw acted for the successful Claimant, Nova Leipzig SARL, in resisting an application by the Defendant, Gravity Fitness Ltd, to stay English proceedings on the grounds of forum non conveniens in Nova Leipzig Sarl v Gravity Fitness Ltd [2025] EWHC 1262 (Comm).

The Defendant contended that Germany was a plainly more appropriate forum for the trial. Rejecting the Defendant’s arguments, Mr Justice Saini held that:

(1) The three grounds on which the Defendant had relied in support of the proposition that Germany was an available forum were misconceived, although the Defendant had belatedly cured this problem by offering (during the hearing) an undertaking to submit to the jurisdiction of the German court (paras 27-38); and

(2) Nevertheless, Germany was not clearly or distinctly more appropriate than England for the trial of the claim, because:

(a) the Defendant was incorporated and based in England, which was a “powerful connecting factor” (para 42), per Limbu v Dyson Technology Ltd [2024] EWCA Civ 1564;

(b) although the Claimant’s claim was governed by German law, the relevant principles of German law were not so different from the equivalent English law principles and in any event a judge of the Commercial Court would be able to consider German law expert evidence and take account of any relevant differences (paras 45-52); and

(c) the other factors (including the location and language of witnesses and the language of documents) supported the conclusion that England, not Germany, was the appropriate forum for the trial of the claim (paras 53-64).

The Court also rejected the Defendant’s alternative request for a case management stay (paras 67-69).

James Shaw was led by Stephen Robins KC at South Square, instructed by Kathryn Garbett and Zeno Agnew-Davies at Greenberg Traurig LLP.

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