Forum non conveniens: Difference between revisions

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{{blockquote|the Brussels Convention precludes a court of a Contracting State from declining the jurisdiction conferred on it by Article 2 of that convention on the ground that a court of a non-Contracting State would be a more appropriate forum for the trial of the action even if the jurisdiction of no other Contracting State is in issue or the proceedings have no connecting factors to any other Contracting State.<ref>{{Cite web|url=http://www.waltonsandmorse.com/Decisions2.jsp?decisionsID=9|title = NameBright - Coming Soon}}</ref>}}
 
However, some UK commentators{{According to whom|date=March 2022}} argue that the FNC rules may still apply to cases where the other proceedings are not in a Member state but this remains uncertain. What is certain is that aA Scottish Court may sist its proceedings in favour of the Courts of England or Northern Ireland on the ground of FNC, since this is settling intra-UK jurisdiction.<ref>Cumming v Scottish Daily Record and Sunday Mail Ltd, The Times June 8, 1995; Collins: 1995</ref>
 
===Australia===