Research On The Doctrine Of Forum Non Conveniens

The doctrine of Forum Non Conveniens in Common Law countries is a legal approach of waiving jurisdictions in order of comity and economical litigation. The doctrine of Forum Non Conveniens has played an irreplaceable part in restraining the expanding jurisdiction. As our reformation goes further, foreign related litigations piles up, which have no relationship with our nation. These irrelative cases bring about tremendous inconvenience to both the people's court and the litigant. It is necessary to introduce the doctrine of Forum Non Conveniens into Chinese legislation in order to decline jurisdictions upon irrelative litigation. The dissertation is aimed at giving reasonable advice to the construction of Forum Non Conveniens in China.Partâ… summarizes the doctrine of Forum Non Conveniens. It refers to the condition in which the court may waive jurisdictions over cases even it is a jurisdictionally competent forum when it is tremendously inconvenient for the trial of the case and therefore inequitable to the litigants. On condition that there is a jurisdictionally alternative forum abroad which is more convenient and compatible, the court will use its discretion to dismiss the case or stay the proceedings upon the plea of defendant on the ground of inconvenience. The doctrine of Forum Non Conveniens originated from Scotland in the early 17th century and then made progress in England and the U.S.Partâ…¡analyzes the theoretical foundation of the doctrine. It is reflection of principle of comity, power of discretion and most significant relationship in the domain of jurisdiction. The doctrine of Forum Non Conveniens plays a positive role in restraining the expanding jurisdiction; avoiding the behavior of forum shopping, alleviate the worrisome burden of the courts and promoting harmonization and cooperation around the world. On the other hand, it is criticized that the application of this doctrine runs out of predictability as absent an explicit criterion. Worse more, the unlimited discretion may be abused to undermine justice and equity.Partâ…¢expounds different approaches of the doctrine in various countries and regions. There are three typical approaches in common law countries: the more suitable forum approach in England, the most suitable forum approach in the U.S. and the clearly inappropriate forum in Australia. In civil law countries and regions such as Japan, Quebec province in Canada, Louisiana in the U.S. and Germany, although there is no definite provision in their statutes, similar approaches are found in their judicial practice. A comparison is made between the two approaches of England and the U.S. Then the dissertation analyzes the fundamental reason of different attitude towards the doctrine of Forum Non Conveniens. Articleâ…¢makes an introduction of The Draft of Hague Jurisdiction Convention which once discussed the doctrine of Forum Non Conveniens.Partâ…£focuses on the issue that we need to introduce the doctrine of Forum Non Conveniens into our legal institution. First, there is no relevant provision in our statute; Second, the People's Court has adopted this doctrine to waive jurisdictions in cases concerning Forum Non Conveniens; Third, the realm of academy is favored in the introduction of the doctrine into our country. To accommodate with the development of international and inter-region civil and commercial jurisdiction, the dissertation develops suggestions on the criterion and procedure of applying the doctrine of Forum Non Conveniens by the reference of the Model Law of Private International Law of the People's Republic of China and practice of foreign countries.