Forum non conveniens—scope and application
Forum non conveniens—scope and application

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

  • Forum non conveniens—scope and application
  • What is forum non conveniens?
  • When is forum non conveniens relevant?
  • Disputing jurisdiction—applying forum non conveniens
  • Disputing jurisdiction—when forum non conveniens is not applicable
  • Service out of the jurisdiction—applying forum conveniens
  • Restraint of foreign proceedings by use of an anti-suit injunction—applying forum non conveniens
  • Concurrent proceedings
  • Natural or appropriate forum
  • Negative declaration that the court does not have jurisdiction
  • more

This Practice Note considers the doctrine of forum non conveniens, also referred to as the appropriate forum or the proper place for a dispute to be determined. This doctrine is of relevance when determining whether the courts of England and Wales have jurisdiction to hear a dispute and is applied by the courts when determining whether to grant permission to serve out of the jurisdiction or dealing with a dispute as to jurisdiction. The doctrine is also relevant in relation to applications for restraint of foreign proceedings. This Practice Note considers the application of the doctrine of forum non conveniens to these situations. In addition, it considers the use of negative declarations as to a court’s jurisdiction as well as appealing a decision on forum.

For guidance on key considerations when dealing with forum non conveniens, see Practice Notes:

  1. Forum non conveniens—connecting factors

  2. Forum non conveniens—requirement for justice

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.

What is forum non conveniens?

This is a common law doctrine that considers whether the courts of England and Wales or the courts of another jurisdiction are the more appropriate forum/proper place to hear the