Forum non conveniens—principles


Published by a ÀÏ˾»úÎçÒ¹¸£Àû Dispute Resolution expert
Practice notes

Forum non conveniens—principles


Published by a ÀÏ˾»úÎçÒ¹¸£Àû Dispute Resolution expert

Practice notes
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This Practice Note considers the doctrine of forum non conveniens, also referred to as the appropriate forum or the proper place for a dispute to be determined. This doctrine is of relevance when determining whether the courts of England and Wales have jurisdiction to hear a dispute and may be applied during a number of different types of applications.

For guidance on other aspects of forum non conveniens, see Practice Note: Jurisdiction—a guide for dispute resolution practitioners.

Note: this Practice Note refers to the following judgments:

  1. •

    Privy Council decision in AK Investment CJSC v Kyrgyz Mobil Tel. In some law reports, this judgment is referred to as Altimo Holdings and Investment Ltd v Kyrgyz Mobil Tel

  2. •

    Supreme Court decision in Unwired Planet International Ltd v Huawei Technologies (UK) Co Ltd and Conversant Wireless Licensing SARL v Huawei Technologies (UK) Co Ltd. Note that the Court of Appeal decision in that case was Huawei Technologies Co Ltd v Conversant Wireless Licensing SARL

What is forum non conveniens?

This is a common law doctrine that

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Investment definition
What does Investment mean?

An investment will typically mean any type of property or interest held within the territory of the host state. This will often extend far beyond 'obvious' property, such as real estate or shares in a local company, to (depending upon the circumstances) other interests such as rights under a contract, intellectual property rights and private loans. As with the concept of 'investor,' in the modern commercial world what does and does not qualify as investment can be a complex question. The definition of 'investment' will vary between BITs.

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