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Part IV Commencing and Preventing Proceedings, 13 Declining Jurisdiction:

From: International Commercial Litigation (2nd Edition)

Richard Fentiman

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 24 June 2024

Subject(s):
Declining jurisdiction — Forum non conveniens
13.01 English courts have a residual power to determine whether to exercise jurisdiction on the facts of a case. That power has two elements: the power to decline to exercise jurisdiction on forum conveniens grounds; and the court’s residual discretion in the exercise of jurisdiction. Both elements derive from the court’s adjudicatory discretion, although strictly the determination of the forum conveniens is not a matter of discretion but of evaluation.2 Indeed, to speak of the court’s discretion to decline jurisdiction on forum conveniens grounds is merely to...
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