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

Author: Ardavan Arzandeh
Publisher: Hart Publishing
ISBN: 9781509945023

Published In: February 2021
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781782256403

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Description
Contents

Details

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 its frequent deployment in proceedings where parties disagree over where a 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 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 comprehensive reference point for those with an interest in the forum (non) conveniens doctrine, more specifically, and cross-border private litigation, more generally.

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