Declining Jurisdiction in Private International Law: Reports to the XIVth Congress of the International Academy of Comparative Law, Athens, August 1994

By J. J. Fawcett; International Congress of Comparative Law | Go to book overview
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10 Great Britain
PAUL BEAUMONT Faculty of Law, University of Aberdeen, Scotland*
CONTENTS
I Forum non conveniens207
1. The Spiliada case209
2. Relevant factors212
II Lis alibi pendens221
III Foreign choice of jurisdiction clauses223
IV Arbitration agreements227
V Restraining foreign proceedings229
VI Conclusion232

I FORUM NON CONVENIENS

This chapter examines the recent case law on forum non conveniens in England, but first of all examines its origins in Scotland. It is arguably one of the Scottish legal system's most successful exports.1 It was originally referred to in Scotland as forum non competens, but in the latter half of the nineteenth century the modern wording was adopted, as it better reflected

____________________
*
The author wishes to thank Professors Sandy Anton and James Fawcett for their insightful comments on an earlier draft of this chapter. An earlier version of this chapter was published in United Kingdom Law in the Mid-1990s, ed. by Bridge, Banakas, Gardner, and Carey Miller ( 1994), 549-75.
1
See e.g. its adoption in the US, discussed in Braucher, ( 1947) 60 Harv. L Rev.908, 909, and its adoption in England discussed in this ch. On forum non conveniens generally, see Barma and Elvin, ( 1985) 101 LQR48; Slater, ( 1988) 104 LQR554; Fawcett, ( 1989) 9 OXJLS205; Cheshire and North, Private International Law ( 12th edn., 1992), 220-34; Dicey and Morris, The Conflict of Laws ( 12th edn., 1993), 395-419; Anton with Beaumont, Private International Law ( 2nd edn., 1990), 212-8.

-207-

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