Time to Revisit Forum Non Conveniens in the UK? Group Josi Reinsurance Co v UGIC

Abstract

There has been much debate in the United Kingdom over the last decade on whether the discretionary doctrine of forum non conveniens is compatible with the mandatory provisions of the Brussels Convention on jurisdiction issues in the European Union.  A recent decision of the European Court of Justice has answered affirmatively the question of whether a plaintiff domiciled in a non-Contracting State can invoke the rules of the Covention.  The Court has arguably not settled the more fundamental question of whether the Convention applies to conflicts of jurisdiction between courts of a Contracting State and non-Contracting State.  However, there is evidence of a growing acceptance of an expansive view of the scope of the Convention.  Such a development would bring welcome simplicity to cross-border litigation in the UK.