Forum non conveniens (Latin for "an inconvenient forum") (FNC) is a mostly common law legal doctrine through which a court acknowledges that another forum or court where the case might have been brought is a more appropriate venue for a legal case, and dismisses the case.
Forum refers to the court, while venue refers to the physical locale of the courthouse. The forum clause and venue clause, however, are functionally the same in most cases. They identify the court before which the parties have agreed to litigate their disputes and generally state the types of disputes covered.
"The doctrine of forum non conveniens permits a US court to decline to exercise its judicial jurisdiction if the court would be a seriously inconvenient forum and if an adequate alternative forum exists."1 In all cases in which the doctrine ...
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"The doctrine of forum non conveniens permits a US court to decline to exercise its judicial jurisdiction if the court would be a seriously inconvenient forum and if an adequate alternative forum exists."1 In all cases in which the doctrine ...
A court will typically only invoke forum non conveniens sua sponte if it meets a 2-step test: The court is a seriously inappropriate forum. There is a substantially more appropriate court that is available for the plaintiff's claim.
Forum Non-Conveniens If the court decides that there is another court outside of Hong Kong which is more appropriate as the forum to determine the plaintiff's claim, it will normally stay the Hong Kong proceedings unless there are circumstances militating against it.
Everyone in Hong Kong is equal before the law. Everyone has access to the justice system. The institutions and core values that underpinned the previous legal system, such as the presumption of innocence, freedoms of expression and association and the right to a fair trial have been retained.
Latin for "inconvenient forum", this common law doctrine allows a court to stay a civil action (even though the venue is proper and the court has jurisdiction over the case and the parties) where an appropriate and more convenient alternative forum exists in which to try the action.
Under this article, Chinese courts may apply the doctrine of forum non conveniens when one party raises claims to Chinese courts but the other party requests Chinese courts not to exercise jurisdiction on the basis that Chinese courts are inconvenient courts, provided that the following conditions are satisfied: all ...