The origins of the Scottish forum non conveniens doctrine

Ardavan Arzandeh

Research output: Contribution to journalArticle (Academic Journal)peer-review

1 Citation (Scopus)
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Abstract

Scotland is widely regarded as the birthplace of forum non conveniens. The doctrine is perhaps Scots law’s most important private-international-law export, helping to shape the development of similar principles across the common law world. However, notwithstanding the doctrine’s significance and long-running history, relatively little is known about its origins in Scotland. The principal intention of the article is to trace the Scots doctrine’s genesis. In this respect, its chief contention is that the discretionary staying-of-proceedings practice – resembling that at the heart of the modern-day forum non conveniens doctrine – is not actually as deep-seated as it has been widely believed. Rather, it is argued that the availability of the practice was first acknowledged in Scotland in M’Morine v Cowie in 1845.
Original languageEnglish
Pages (from-to)130-151
Number of pages22
JournalJournal of Private International Law
Volume13
Issue number1
Early online date7 Apr 2017
DOIs
Publication statusPublished - 2017

Keywords

  • Private International law
  • jurisdiction
  • forum non conveniens doctrine

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