Forum (Non) Conveniens in England: Past, Present, and Future

Description

The forum (non) conveniens doctrine provides the basis for the discretionary exercise of jurisdiction by English courts in private international law disputes. London’s pre-eminence as a centre for international commercial litigation has led to the frequent deployment of this doctrine in proceedings where parties disagree over where the case should be heard. The doctrine’s significance is not limited to England but extends to many Commonwealth jurisdictions which have embraced it. This is the first book-length study devoted entirely to examining the forum (non) conveniens doctrine’s past, present, and future from the perspective of the law in England. By offering a meticulous and critical analysis of relevant historical and contemporary sources in England and elsewhere, it seeks to fill gaps in relevant knowledge of the English forum (non) conveniens doctrine, and to challenge certain views concerning its operation that have come to be regarded as representing the orthodoxy. In this respect, the book attempts to refine our understanding of the doctrine’s historical development, evaluate its application in the years following its formal recognition in England, and examine the case for revising it, given the changing nature of international commercial litigation in recent decades. The book’s ultimate objective is to act as an authoritative and a comprehensive reference point for those with an interest in the forum (non) conveniens doctrine, more specifically, and cross-border private litigation, more generally. Series Editor’s Preface Preface Contents Table of Cases Table of Legislation 1. Introduction I. The English Forum (Non) Conveniens Doctrine II. The Objectives of the Book III. The Structure and Main Contentions of the Book 2. Locating the Place of Forum (Non) Conveniens in the English National Jurisdiction Rules I. Introduction II. Jurisdictional Values and Their Significance in Allocating Jurisdiction III. The Doctrinal Measures for Promoting Jurisdictional Values Under the English National Jurisdiction Rules IV. Conclusion 3. Forum (Non) Conveniens – The Past I. Introduction II. The Emergence and Development of the Practice of Discretionary (Non-)Exercise of Jurisdiction in England in the Nineteenth Century III. The Developments at the Beginning of the Twentieth Century: The Flowering of a 'British' Approach to Discretionary Non-Exercise of Jurisdiction IV. The Developments in the Middle Third of the Twentieth Century: The Emergence in England of a Plaintiff-Centric Approach to Staying of Proceedings V. Developments in England in the 1970s and 1980s: The Gradual Departure from St Pierre VI. Conclusion 4. Forum (Non) Conveniens – The Present I. Introduction II. Post-Spiliada Doctrinal Developments III. The Spiliada Doctrine's Global Influence IV. The Spiliada Doctrine's Scope of Application V. Conclusion 5. Forum (Non) Conveniens – The Future I. Introduction II. A Brief Outline of the Spiliada Test III. The Spiliada Test's Positive Reception IV. Problems with the Application of the Spiliada Test V. The Case for Revising Spiliada's Second Limb VI. The Way Forward VII. Conclusion 6. Conclusions Selected Bibliography Index