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Forum Non Conveniens

A5. Maritime Law, private and commercial

Definition

Doctrine for declining jurisdiction in favor of a more appropriate forum.

Forum non conveniens lets a court with jurisdiction decline to hear a case because another forum is clearly more appropriate for the interests of the parties and the ends of justice. In England the Spiliada test asks first whether another available forum is more suitable, then whether justice nonetheless requires the local court to retain the case. The doctrine interacts with exclusive jurisdiction and arbitration clauses in charters and bills, which a court will usually enforce in preference to a general convenience analysis.

Source: Spiliada Maritime v Cansulex [1987] AC 460