Forum non conveniens is a Latin phrase meaning “unsuitable forum.” Forum non conveniens is part of the law of civil procedure, which is the body of rules governing the enforcement of civil (non-criminal) judicial proceedings. In essence, forum non conveniens is a doctrine utilized by courts to refuse to hear a case when the court has jurisdiction, but another court is a better or more appropriate venue for the dispute to be decided.
Modern Applications of Forum Non Conveniens
Today, forum non conveniens is invoked when a court determines the facts and circumstances of the civil dispute make it more convenient and appropriate to have it heard in another court. While typically used in matters of international litigation, forum non conveniens can be used when any party to a civil lawsuit has an argument as to why the dispute must be heard by a court other than the one in which it was filed.
For example, in 2018, Microsoft Corporation requested its trademark-infringement case against Red Cap, Ltd., should be dismissed and the lawsuit relocated to Israel. The request was granted by the U.S. District Court for the Western District of Washington, based on forum non conveniens, and was later affirmed by the U.S. Court of Appeals for the Ninth Circuit.
The Benefits of Utilizing Forum Non Conveniens
Individuals and corporations often turn to forum non conveniens in order to get the most efficient resolution of their dispute. By request for dismissal and subsequent relocation to another more appropriate court, parties can avoid long delays and save money on travel expenses. However, the decision to grant forum non conveniens request is based on the facts of the case and whether the court can be confident it has jurisdiction in another court.