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Forum Non Conveniens

Legal Definition and Related Resources of Forum Non Conveniens

Meaning of Forum Non Conveniens

Even though adequate grounds for exercise of jurisdiction exist , court may in its discretion refuse to exercise jurisdiction, i.e., it may stay or dismiss an action if it determines that forum in which an action is brought is an unfair or seriously inconvenient place for trial as to any party and a more convenient place is available. Walden v Walden, (Ala.Civ.App.), 355 So.2d 372.

Related Entries of Forum Non Conveniens in the Encyclopedia of Law Project

Browse or run a search for Forum Non Conveniens in the American Encyclopedia of Law, the Asian Encyclopedia of Law, the European Encyclopedia of Law, the UK Encyclopedia of Law or the Latin American and Spanish Encyclopedia of Law.

Forum Non Conveniens in Historical Law

You might be interested in the historical meaning of this term. Browse or search for Forum Non Conveniens in Historical Law in the Encyclopedia of Law.

Legal Abbreviations and Acronyms

Search for legal acronyms and/or abbreviations containing Forum Non Conveniens in the Legal Abbreviations and Acronyms Dictionary.

Related Legal Terms

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Definition of Forum Non Conveniens

In the context of international law, the legal resource A Dictionary of Law, provides a definition of Forum Non Conveniens : (Latin: not in agreement with the judicial forum)

A doctrine that permits a court to decline to accept jurisdiction over a case, so that the case may be tried in an alternative forum (i.e. a foreign court). Such decisions are almost entirely at the court’s discretion, except that the party seeking a forum non conveniens decision must submit to the effective jurisdiction of the alternative court. The stay will be granted by the court if it is satisfied that a foreign court having competent jurisdiction is available and that the case may be tried more suitably for the interests of all the parties and the ends of justice in that court. The factors that courts generally consider in making this decision include the location of witnesses, exhibits, and documents, the language of the witnesses and documents, the citizenship of the claimants, and the law applicable to the dispute.

In general, the burden of proof rests on the defendant to persuade the court to exercise its discretion to grant a stay, but if the court is satisfied that another court is available, the burden will then shift to the claimant to show that there are special circumstances requiring that the trial should nevertheless take place in the first court.

Refers to the inappropriateness of a court for a case at hand, usually as a jurisdictional issue.

Refers to the inappropriateness of a court for a case at hand, usually as a jurisdictional issue.

“Forum Non Conveniens” in Maritime Law

Note: There is more information on maritime/admiralty law here.

The following is a definition of “Forum Non Conveniens”, produced by Tetley, in the context of admiralty law: (“inappropriate (inconvenient) court”), referring to the principle whereby a court which has jurisdiction over a claim nevertheless stays conditionally or dismisses unconditionally the suit, in order to send the claim to be tried in another jurisdiction to which the defendant is amenable and which the court believes is more appropriate or convenient for the litigation, in the interests of justice. See for example, Amchem Products Inc. v. British Columbia (Workers’ Compensation Board) [1993] 1 S.C.R. 897, (1993) 102 D.L.R. (4th) 96. (Tetley, Int’l C. of L., 1994 at pp. 798-800; Tetley, Int’l. M. & A. L., 2003 at pp. 412-413; Tetley, ” Jurisdiction Clauses and Forum Non Conveniens in the Carriage of Goods by Sea ” (publisbed in Jurisdiction and Forum Selection in International Maritime Law. Essays in Honor of Robert Force (Martin Davies, ed.), Kluwer Law International, The Hague, 2005, Chapter 6 at pp. 183-263).)

Forum Non Conveniens in Admiralty Law

For information on forum non conveniens in this context, see the entry on forum non conveniens in the maritime law encyclopedia.


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