On Non Conveniens Doctrine

Various countries try to expand their jurisdictions, and positive conflicts of jurisdiction prevail between most of countries. The Doctrine of Forum Non Conveniens is one kind of important system in the Common Law countries to refuse to exercise the jurisdiction, also has the similar practice in the civil law countries.Generally speaking, the doctrine originated from Scotland in 19th century. It refers to a national court, which has the jurisdiction to the suit according to jurisdiction rules of private international law, refuse to exercise the jurisdiction by declining or staying the lawsuit under the litigant' s application in hearing affairs relating to foreign interests. Because the judge considers that other courts with jurisdiction be "more convenient" to try this suit, or the national court is not to be so convenient comparing with the above courts.The doctrine plays an important role in the fields of international civil and commercial jurisdictions to facilitate the litigants, lighten the burden of the courts and to promote the international cooperation . This paper starts with the concept of this doctrine, and describes the theory and judicial practice in some main countries, introducing US and England emphatically. The author summarizes the conditions and standards applying the doctrine through the contrast analysis, and then analyses the relationships between the doctrine and the theory of choice of laws, especially the principle of the most significant relationship, the doctrine of autonomy of will and the theory of comity. In my view, the doctrine is still significant to fulfill the purpose of international civil and commercial litigation and to coordinate foreign-related civil and commercial jurisdiction. By the reference of Model Law of Private International Law of the People' s Republic of China and the practice of foreign countries, I think China should adopt...