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香港法院审理案件中的法律论证过程 ——以United Phosphorus LTD v. China Merchants Shipping & Enterprises Co Ltd 上诉审为例/陈汉瑛(8)
But this basic principle, concluded Lord Goff, had to be modified to reflect the plaintiff's right to sue in a particular jurisdiction. He posed this question at p. 476F:
"The question being whether there is some other forum which is the appropriate forum for the trial of the action, it is pertinent to ask whether the fact that the plaintiff has, ex hypothesi, founded jurisdiction as of right in accordance with the law of this country, of itself gives the plaintiff an advantage in the sense that the English court will not likely disturb jurisdiction so established."
Having considered authorities in various jurisdictions, including federal ones, Lord Goff concluded at p. 477D-E:
"In my opinion, the burden resting on the defendant is not just to show that England is not the natural or appropriate forum for the trial, but to establish that there is another available forum which is clearly or distinctly more appropriate than the English forum."
Lord Goff then considered the factors to be taken into account in determining that question. At pp. 477F-478B, he said:


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