Every law which is interpreted and applied through a system of court has been enacted by a state, country or other jurisdiction. Lex fori is a termed that has been given to the law that is applied by the system of courts or legal system. In any civil matter, the court must decide whether and in what circumstances they will accept jurisdiction over parties and subject matter when the lawsuit begins. If the case involves one or more parties reside outside the territorial jurisdiction or there are other factors which might make another forum more appropriate, the question of jurisdiction must be resolved.
Thus, here the doctrine of forum of non-convenience begins. Actually, development of forum of non-convenience is originated from somewhat unclear. However, most of the authorities claim that the birthplace of the doctrine is in the Scotland. It has been first used in the late 1800’s by Scottish in allowing trial courts …show more content…
This doctrine will be applied when the court which is chosen by the plaintiff is inconvenient for witnesses or will pose any hardship on the defendants. Thus, the defendants must do a petition to the court for an order to transfer the case to a more convenient court. It also can be regarded as a discretionary power of the court to decline for exercising its jurisdiction where another court may more conveniently hear the case.
There are several factors that will be considered by the court in determining whether or not to exercise the doctrine of forum of non-convenience. These will include, the residence of the parties, the location of evidence and witnesses and public policy. Other than that, the relative burdens on the court system, the plaintiff’s choice of forum and the effect of changing the forum towards each party’s case will be considered. These are the factors that will be examined by the court in answering the question of