Forum non Convenience as a Basis for Determining of Jurisdiction

Abstract

The institution of forum non conveniens as a base for determining jurisdiction in special situations is a doctrine of the Anglo-Saxon legal system. This doctrine allows the court to assess whether it is better to continue the proceedings or if it is more efficient to leave the jurisdiction for the given case to the court of another country. The court will make the said decision, only if it determines that it is “more appropriate” to conduct the proceedings before another court. This doctrine is not known in the continental legal system. However, given the fact that a legal relationship with a foreign element consists of several facts, the question can be raised as to whether it is more or less “connected” to the judiciary of a domestic or foreign country. The paper defines the concurrent jurisdiction of the courts, which is the basis for the application of the doctrine of forum non conveniens, and this institute is analyzed in relation to lis pendens, as well as the deviation clause. In the work, the authors pays attention to the application of the Brussels Convention on Jurisdiction and the Recognition and Enforcement of Court Decisions in Civil and Commercial Matters, as well as the Brussels and Brussels Ia Regulations, which replaced the aforementioned Convention and abolished the application of forum non conveniens in Great Britain until its exit from the EU. Finally, the authors analyzes the possibility of applying the doctrine of forum non conveniens in the continental legal system, and therefore its place in the legislative system of the Republic of Serbia.