Abstract
LL.M. (International Commercial law)
The primary objective of this thesis is not to question or investigate the existence of this doctrine but it attempts to illustrate the application of the doctrine of forum non conveniens in different jurisdictions, namely South Africa and the United Kingdom, as well as the position if the Brussels I Regulation applies. The objective is also to provide a comprehensive relative review of the doctrine of forum non conveniens, looking into both the history of the doctrine as well as the possibilities for the future development of the doctrine.1 A further aim is to see whether the doctrine is being applied correctly in the right situations and that, when it is applied, it does not lead to judicial abuse.
The doctrine of forum non conveniens is applied exclusively in the common law countries such as the United States, the United Kingdom, Australia and Canada; it is not recognized in most civil law countries. The doctrine is applied differently in these nations. This doctrine applies between courts in different countries and between courts in different jurisdictions in the same country. It provides a flexible device to serve the forum states policy objectives and, in practice, it has been rather resistant to abuse.