Legal Definitions - forum non conveniens

Definition: Forum non conveniens is a legal term that refers to a court's power to decline jurisdiction over a case if another court is more convenient to hear it. This doctrine can be invoked by the defendant or the court itself. The court will not dismiss a case on forum non conveniens grounds unless there is another forum that could hear the case and potentially recover damages. Additionally, courts will not grant a forum non conveniens dismissal where the alternative forum's judicial system is grossly inadequate.

Example: A plaintiff files a lawsuit in a U.S. court against a foreign company for a breach of contract that occurred in a foreign country. The defendant argues that the case should be dismissed on forum non conveniens grounds because the foreign country's court is a more appropriate forum to hear the case. The U.S. court agrees and dismisses the case, allowing the plaintiff to re-file the case in the foreign country's court.

Explanation: This example illustrates how a defendant can invoke forum non conveniens to have a case dismissed if another court is more convenient to hear it. In this case, the foreign country's court is a more appropriate forum because the breach of contract occurred there, and the foreign company is based there. The U.S. court dismisses the case, allowing the plaintiff to re-file the case in the foreign country's court.

Example: A plaintiff files a lawsuit in a U.S. court against a foreign company for a breach of contract that occurred in a foreign country. The defendant argues that the case should be dismissed on forum non conveniens grounds because the foreign country's court is a more appropriate forum to hear the case. However, the foreign country's court has a history of corruption and is not a fair forum for the plaintiff. The U.S. court denies the defendant's motion to dismiss on forum non conveniens grounds.

Explanation: This example illustrates how a court will not grant a forum non conveniens dismissal if the alternative forum's judicial system is grossly inadequate. In this case, the foreign country's court has a history of corruption and is not a fair forum for the plaintiff. The U.S. court denies the defendant's motion to dismiss on forum non conveniens grounds, allowing the case to proceed in the U.S. court.

Conclusion: Forum non conveniens is a legal doctrine that allows a court to decline jurisdiction over a case if another court is more convenient to hear it. The court will not dismiss a case on forum non conveniens grounds unless there is another forum that could hear the case and potentially recover damages. Additionally, courts will not grant a forum non conveniens dismissal where the alternative forum's judicial system is grossly inadequate.