On 3 October 2024, the Commercial Court (Nigel Cooper KC, sitting as a Deputy Judge of the High Court) handed down judgment in Joyvio Group and ors v Isidoro Ernesto Quiroga Moreno and ors [2024] EWHC 2493 (Comm), granting the Defendants’ application for a stay of proceedings on forum non conveniens grounds.
The claim – in which the Claimants (all companies which were part of Chinese agribusiness giant Joyvio Group) seek damages in excess of USD 1 billion – arose from the sale of Australis, a salmon aquaculture business in Chile, which Joyvio purchased for nearly USD 900 million in 2019. Following the acquisition, Joyvio alleged that it discovered breaches of Chilean environmental laws and has made allegations of fraud against the sellers. The English proceedings were issued as a part of a world-wide strategy on the part of the Claimants, with claims and relief also being pursued by way of arbitration in Chile, court proceedings in multiple US jurisdictions and criminal complaints in Chile.
The Defendants (who were former owners/directors of the Australis group) disputed the jurisdiction of the English court to hear the claim, seeking a stay of proceedings on various grounds, including that the natural forum for the claims was in Chile.
Following a two-day hearing in June 2024, the Court agreed with the Defendants that Chile was the natural forum for the resolution of the dispute, and rejected numerous Chilean law arguments by the Claimants that Chile was not “available” to hear the claims. Bankim Thanki KC, Paul Sinclair KC and Adam Sher acted for the successful Defendants, instructed by Pallas Partners (Natasha Harrison and Matthew Getz). A copy of the judgment can be accessed here.