The place of contracting has diminished significance in determining the proper law of a trans-national contract and will only be of real significance where the contract was concluded at a face-to-face meeting at the place of residence or business of one of the parties. The unavailability of the alternative forum due to expiry of a limitation period is a factor of primary importance weighing against a stay on forum non conveniens grounds, particularly where the plaintiff's failure to commence proceedings in the alternative forum is explicable. The question whether a forum non conveniens decision is discretionary (attracting House v R principles) or evaluative (attracting Warren v Coombes principles) was left open.
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