Date of this Version


Document Type

Journal Article

Publication Details

Svantesson, Dan (2005). In defence of the doctrine of forum non conveniens, Hong Kong Law Journal, Vol. 35 Part 2 (2005); pp. 395 - 420
Reproduced with the permission of Sweet & Maxwell Asia, a division of The Thomson Corporation Hong Kong Ltd.


This article examines the doctrine of forum non conveniens as applied in Hong Kong, Australia, the US and Sweden, and considers the criticism that has been raised against the doctrine. The author argues that some of this criticism is valid, some of it is valid only in relation to some countries’ application of the doctrine, and some of the criticism is unfounded. The author concludes that the test applied in Hong Kong and most other common law jurisdictions - the clearly or distinctly more appropriate forum test - is the better option. The author goes on to make a number of other recommendations regarding the application of the doctrine, including the suggestion that the doctrine would benefit from being implemented in legislation.

Included in

Common Law Commons



This document has been peer reviewed.


To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.