Conflicting Approaches to Conflicts of Jurisdiction: The Brussels Convention and Forum Non Conveniens

Abstract

In developing an earlier article, published as “Time to Revisit Forum Non Conveniens in the United Kingdom? Group Josi Reinsurance Co v UGIC (2000) 32 VUWLR 705, this paper takes the debate further. The discretionary doctrine of forum non conveniens continues to be a controversial doctrine, and its relationship with the mandatory jurisdiction provisions of the Brussels Convention often leads to courts considering the correct methodology. Due to the seemingly growing acceptance of an expansive view of the scope of the Convention, this article looks to the future of forum non conveniens in the United Kingdom. Seemingly, there is sufficient flexibility within the Convention, for its jurisdiction rules to be the sole determinant of jurisdiction.