This is a past event
On the 25th January the Centre for Private International Law looks forward to welcoming Dr Ardavan Arzandeh from the University of Bristol to speak at our monthly meeting.
Abstract:
For at least 150 years, forum non conveniens has been one of the main components of the national jurisdiction rules in Scotland. The doctrine affords the Scottish court a discretion to relinquish its jurisdiction, in the context of a cross-border private-law litigation, if it is persuaded that another foreign forum is a more appropriate venue for entertaining the parties’ dispute. Forum non conveniens is widely regarded as having been first conceived of in Scotland. It is perhaps Scots law’s most important export in the field of private international law, 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 main purpose of this presentation is to trace the Scots doctrine’s genesis. Its chief contention is that the discretionary staying-of-proceedings practice – the modern-day forum non conveniens doctrine – is not as deep-seated as it has been widely believed. Instead, it is argued that the availability of the practice first manifested itself in Scotland in M’Morine v Cowie in 1845.
- Hosted by
- Centre for Private International Law
- Venue
- University Office Committee Room 2