forum non conveniens

(redirected from Forum conveniens)

forum non conveniens

(for-uhm nahn cahn-veen-nee-ehns) n. Latin for a forum which is not convenient. This doctrine is employed when the court chosen by the plaintiff (the party suing) is inconvenient for witnesses or poses an undue hardship on the defendants, who must petition the court for an order transferring the case to a more convenient court. A typical example is a lawsuit arising from an accident involving an out-of-state resident who files the complaint in his/her home state (or in the defendant driver's home state), when the witnesses and doctors who treated the plaintiff are in the state where the accident occurred, which makes the latter state the most convenient location for trial.

forum non conveniens

noun better alternative forum available, better choice of jurisdictions, in appropriate forum, inconvenient forum, more appropriate court, more convenient court
Associated concepts: forum shopping, lex fori, lis alibi pendens

forum non conveniens

in private international law, the doctrine that allows a court to decline its own jurisdiction because there is another jurisdiction that can more conveniently try the case.
References in periodicals archive ?
Therefore, we decline to exercise the discretionary jurisdiction by invoking the doctrine of forum conveniens," it said.
There are three main components to this scheme: the free circulation of civil initiating process to establish adjudicative jurisdiction; (128) the reliance on the principle of forum conveniens to identify the court which will decide the case in a clash of jurisdictions; (129) and liberal provisions for the enforcement of judgments whereby a court order rendered in one State may be 'localised by registration in the State where enforcement is sought'.
that applications considering forum conveniens and forum selection clauses should be separate inquiries; therefore, the Court's statements in Teck pertaining to forum conveniens do not mean that the CJPTA obviates common law principles pertaining to forum selection clauses.
Ehrenzweig, The Transient Rule of Personal Jurisdiction: The "Power" Myth and Forum Conveniens, 65 YALE L.
In the result, the Court of Appeal dismissed the appeal, finding that indeed the Ontario court had jurisdiction simpliciter (assumed jurisdiction) and that Ontario was forum conveniens.
Apart, however, from the question of jurisdiction, we are always entitled to consider the question of forum conveniens, which includes .
Courts should strive, to the extent permitted by Voth, to avoid a situation of lis alibi pendens, however, there is a risk that parties may thereby be encouraged to participate in a "race to the filing counter': Peter Nygh, ' Voth in the Family Court Re-Visited: The High Court Pronounces Forum Conveniens and Lis Alibi Pendens' (1996) 10 Australian Journal of Family Law 163, 170.
4e) 627, etant saisie d'une question de forum conveniens entre deux fors provinciaux, a decide que les tribunaux ontariens devaient decliner competence, l'utilisation des criteres apparemment communs retenus dans Muscutt et Spar permettant d'etablir que les tribunaux manitobains possedaient un lien reel et substantiel avec le litige.
Casad, Jurisdiction in Civil Actions at the End of the Twentieth Century: Forum Conveniens and Forum Non Conveniens, 7 TUL.
Clermont, supra note 7, at 437-41 (presenting a theory of "forum reasonableness"); Ehrenzweig, supra note 11, at 111-12 (arguing for adoption of the doctrine of forum conveniens, or interstate venue).
2d 167 (1939) (discussing jurisdictional and forum conveniens issues in action arising from accident in Utah); Morrell v.

Full browser ?