The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:
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:
Forum non conveniens—connecting factors
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.
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
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234