Forum Non Conveniens doctrine – post Brexit applicability in transnational litigation

Abstract

The article follows the origin of the English forum non conveniens doctrine development in stay proceedings, its alterations, and applicable tests leading to CJEU’s decision in Owusu. Owusu ultimately forbade English courts to stay its proceedings and allow a “more convenient” forum to decide on the dispute merits in cases where the jurisdiction was conferred by the Brussels regime – not only concerning other EU courts but worldwide. With the UK’s withdrawal from the EU, a question appears whether English courts might again exercise this power. If affirmatory, the paper proceeds to assess various applicable, or presumably fitting, instruments, both for allocation of jurisdiction, and recognition and enforcement of judgments – Lugano Convention, Hague Convention 2005, and Hague Convention 2019. The paper also assesses how these instruments might interact with the use of forum non conveniens doctrine.

Keywords

• Forum non conveniens
• jurisdiction
• enforcement
• recognition
• Lugano Convention
• Hague Convention 2005