Forum Non Conveniens – Legal Maxim of the Day

century law firm legal maxim forum non conveniens

Term- forum non conveniens

Translation- Disagreeable forum

Definition- A concept wherein a court refuses to hear a particular matter, citing a more appropriate forum for the issue to be decided.

Forum non conveniens is a legal term that refers to a court’s power to decline jurisdiction over a case when another forum would be more convenient or appropriate for the resolution of the dispute. It is often used in cases where the parties involved are located in different jurisdictions, or where the subject matter of the case has little connection to the forum where the case was initially filed.

The doctrine of forum non conveniens allows a court to dismiss a case or transfer it to another court where it would be more convenient or efficient to hear the case. Factors that are typically considered in determining whether a case should be dismissed or transferred under the doctrine of forum non conveniens include the location of witnesses and evidence, the applicable law, and the relative convenience and expense to the parties.

Forum non conveniens is a discretionary doctrine, which means that it is up to the court to determine whether the case should be dismissed or transferred. However, courts generally apply a balancing test that weighs the interests of the plaintiff in having the case heard in a particular forum against the interests of the defendant and the court in dismissing or transferring the case to another forum.

Overall, forum non conveniens is a legal doctrine that allows a court to decline jurisdiction over a case when another forum would be more convenient or appropriate for the resolution of the dispute. It is often used in cases where the parties involved are located in different jurisdictions, or where the subject matter of the case has little connection to the forum where the case was initially filed.