Understanding the development of forum non conveniens


Published by a ÀÏ˾»úÎçÒ¹¸£Àû Dispute Resolution expert
Practice notes

Understanding the development of forum non conveniens


Published by a ÀÏ˾»úÎçÒ¹¸£Àû Dispute Resolution expert

Practice notes
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This Practice Note provides an overview to assist in understanding the development of the doctrine of forum non conveniens; the doctrine which applies when seeking to stay proceedings in favour of proceedings in another jurisdiction..

For an understanding of the application of the doctrine of forum non conveniens today, see Practice Notes:

  1. •

    Forum non conveniens—principles

  2. •

    Forum non conveniens—challenging jurisdiction

  3. •

    Forum non conveniens—service out of the jurisdiction

  4. •

    Forum non conveniens—connecting factors

  5. •

    Forum non conveniens—requirement for justice

In English law, there was no concept of forum non conveniens in English law prior to 1984; although there was in Scottish law. There had been moves towards the use of this doctrine but it was not until the House of Lords judgment in The Abidin Daver (1984) that the concept could be said to have come into being in English law.

Authority and citationIssueTestComment
Sim v Robinow (1892) 19 R 665 (not available in Lexis®Library)Forum non conveniensWhether the foreign proceedings are more suitable to determine
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Jurisdiction(s):
United Kingdom
Key definition:
Law definition
What does Law mean?

means: (a) any legislation, regulation, by-law or subordinate legislation in force from time to time to which a party is subject and/or in any jurisdiction that the Services are provided to or in respect of; (b) the common law and laws of equity as applicable to the parties from time to time; (c) any binding court order, judgment or decree; (d) any applicable industry code, policy or standard; or (e) any applicable direction, policy, rule or order that is binding on a party and that is made or given by any regulatory body having jurisdiction over a party or any of that party’s assets, resources or business;

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