forum non conveniens

Forum non conveniens is a legal doctrine, primarily used in common-law countries, that allows a court to decline jurisdiction over a case, even if it has the legal power to hear it. This occurs when the court determines that it is an "inconvenient forum" for the case.12

The rationale behind this doctrine is to prevent courts from being overburdened with litigation that has little connection to the local jurisdiction, especially when the case could be more appropriately heard elsewhere. This can happen if the chosen court offers procedural or substantive advantages to the plaintiff that are not available in their home jurisdiction, a practice known as "forum shopping".1

Factors considered in a forum non conveniens analysis include the convenience of the parties and witnesses, the availability of evidence, and the location of the dispute. While civil-law countries generally do not dismiss cases on these grounds, common-law courts may do so to avoid undue burdens on defendants and the judicial system.12