Forum non conveniens
Ronald A Brand
- Forum non conveniens — Lis alibi pendens — International organizations, practice and procedure — Sources, foundations and principles of international law
Published under the auspices of the Max Planck Foundation for International Peace and the Rule of Law under the direction of Rüdiger Wolfrum.
1 Forum non conveniens is a doctrine applied mostly in common law judicial systems. It allows courts that have jurisdiction over a case to stay or dismiss the case upon a determination that the case may be heard more appropriately in another court. The trial court is given substantial discretion in determining whether a more appropriate forum exists and if so, whether to stay or dismiss in favour of that other court. 2 The forum non conveniens doctrine differs in each State in which it is applied. In some, it is a basic element of jurisdictional analysis while in...