Forum non conveniens—requirement for justice
Forum non conveniens—requirement for justice

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

  • Forum non conveniens—requirement for justice
  • Standalone assessment
  • The test to be applied
  • Injustice in a foreign court
  • Lack of funding in a foreign jurisdiction

This Practice Note discusses a key consideration that applies in the context of forum non conveniens, namely the requirements of justice.

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 connecting factors applicable when applying the principle of forum non conveniens, see Practice Note: Forum non conveniens—connecting factors

Note: this Practice Note refers to the judgment of the Privy Council in AK Investment CJSC v Kyrgyz Mobil Tel. In some law reports this judgment is referred to as Altimo Holdings and Investment Ltd v Kyrgyz Mobil Tel.

Standalone assessment

The question as to whether there is a ‘real risk’ that substantial justice will not be obtained in the foreign jurisdiction is generally treated as a separate and distinct question from the balancing of the connecting factors undertaken by the court. As explained by the Supreme Court in 2019 in Vedanta, this is not due to it being an inherently different question but rather that it involves careful analysis of distinctly different evidence. Therefore, a court may determine that while another country is the natural forum to hear the dispute, due to the relevant connecting factors, it is not in fact the most appropriate forum to hear the dispute and instead