Forum Non Conveniens

The doctrine by which a court may decline jurisdiction on the ground that another court, in another country, is a more appropriate forum for the resolution of the dispute. The test in England was established in Spiliada Maritime Corporation v Cansulex Ltd [1987], which requires the court to identify the forum with the most real and substantial connection to the dispute.

In practice

Forum non conveniens may arise when a foreign creditor commences enforcement proceedings in England and the debtor argues that the dispute should be litigated elsewhere. The court considers factors including where the evidence is located, where the witnesses are, applicable law, and whether the claimant would be deprived of a legitimate advantage by having to litigate abroad. The burden is on the party seeking a stay.