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forum non conveniens

Latin · FOR-um non kon-VEN-ee-enz · International law

Meaning. A court's discretion to decline jurisdiction because another forum is clearly more appropriate.

Under this doctrine a court that has jurisdiction may stay or decline the case if another court, usually in another country, is clearly the more appropriate forum for the interests of the parties and the ends of justice. Factors include where the evidence and witnesses are, the governing law, and where the parties reside. The leading English case is Spiliada Maritime v. Cansulex (House of Lords, 1986).

Indian courts apply the doctrine with caution, since a civil court with jurisdiction under ss.15–20 CPC is generally bound to try the suit. In Modi Entertainment Network (2003) the Supreme Court discussed forum non conveniens while laying down when an Indian court may grant an anti-suit injunction against proceedings in a foreign court the parties had chosen.

Example

The defendant argued forum non conveniens, pointing out that the contract, witnesses and governing law were all English.

In Indian law

See also

jurisdiction · lex fori · lex loci contractus · domicile

Read more in the study notes

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