forum non conveniens
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