Forum non conveniens—connecting factors

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Forum non conveniens—connecting factors
  • Determining the ‘most real and substantial connection’
  • Practical consideration—departing from the wording ‘most real and substantial connection’
  • Guidance on how courts will address conflicting connecting factors
  • Dominant connecting factor
  • Connecting factors
  • Connecting factor—applicable law
  • Connecting factor—anchor defendants
  • Connecting factor—case management grounds
  • Connecting factor—common facts
  • More...

This Practice Note discusses a key consideration of relevance when dealing with forum non conveniens, namely the factors connecting the proceedings to a jurisdiction (the connecting factors).

For guidance on:

  1. the principle of forum non conveniens, as well as situations when it may be relevant and its application, see Practice Note: Forum non conveniens—scope and application

  2. the requirement for justice consideration when applying the principle of forum non conveniens, see Practice Note: Forum non conveniens—requirement for justice

Where proceedings involve jurisdiction being determined under an international jurisdictional regime, see Practice Note: Forum non conveniens—scope and application—Forum non conveniens and international jurisdictional regimes.

Determining the ‘most real and substantial connection’

When the English court is dealing with an application involving cross-border issues, the first stage is for the court to consider whether it is the proper and appropriate forum to hear the dispute or whether it should be heard by the courts in another jurisdiction.

To do this, the court will need to be satisfied that the English court’s forum is suitable for the interests of all the parties and the ends of justice. This requires it to exercise its discretion to determine which forum the action has the ‘most real and substantial connection’ to as required by the application of the Spiliada principles derived from the seminal authority, Spiliada Maritime v Cansulex. It does this by considering which factors

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