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Law

Forum Non Conveniens in International Litigation

Quick fact

The doctrine of forum non conveniens allows a court to dismiss a case even when it has proper jurisdiction, if another forum is 'clearly more appropriate' and the defendant submits to that forum's jurisdiction. This power is used to curb 'forum shopping' and is recognized in many common law jurisdictions, although its application varies significantly—for example, it is heavily used in the United States but is absent or restricted in most civil law countries.

Why this is interesting

Imagine a lawsuit that could be heard in two different countries—one that may be highly favorable to the plaintiff, another that is more inconvenient but perhaps more appropriate. How does a court decide to send the case away?