Forum non conveniens—connecting factors
Forum non conveniens—connecting factors

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

  • Forum non conveniens—connecting factors
  • Determining the ‘most real and substantial connection’
  • Dominant connecting factor
  • Example connecting factors

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

Determining the ‘most real and substantial connection’

When the English court is dealing with an application involving cross-border issues it will generally be required 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 by considering which factors connect the dispute each jurisdiction, the so called ‘connecting factors’.

The difficulty for practitioners is the fact that the courts have not provided any clear guidance on how the courts weigh up any conflicting connecting factors. The House of Lords in