Forum Non Conveniens in the Context of International Commercial Arbitration

Abstract

This paper reviews the role of the common law doctrine, or principles of forum non conveniens in the context of international commercial arbitration. By way of preliminary, the role of the doctrine is commented upon along with the tests for applying it. One question will recur in this review - are the factors governing the application of forum non conveniens the same in the litigation and arbitration contexts, or has its operation in the arbitration context required a modification of the doctrine and/or the rules governing its application? The paper focuses on three common law jurisdictions, England, the United States, and Australia.

Reproduced by kind permission of the CIArb.

Keywords: Forum non conveniens, international commercial arbitration