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Max Planck Encyclopedia of Public International Law [MPEPIL]

Forum non conveniens

Ronald A Brand

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 24 April 2019

Subject(s):
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...
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