Forum Non Conveniens in China: From Judicial Practice to Law

Abstract

Chinese courts have applied the doctrine of forum non conveniens since the 1990s. The Chinese Supreme Court has confirmed the judicial practice in its judicial interpretations. However, the doctrine that has actually been engaged in the Chinese courts is based on the inconvenience approach to avoid inconvenience to Chinese courts. Recently, the newly amended Chinese Civil Procedure Law formally enacted this doctrine in a different way. The new doctrine of forum non conveniens considers the factor of inconvenience to the parties, removes the condition of involvement of Chinese parties’ interests, and provides procedural remedies after dismissing actions. This new doctrine of forum non conveniens in Chinese law comes close to the doctrine of forum non conveniens in common law, which is based on an approach for the interests of all parties. This article reviews the development of the Chinese doctrine of forum non conveniens and assesses the conditions under the doctrine in Chinese law. It is suggested that the new Chinese doctrine of forum non conveniens can be improved further by removing the inconvenience to the Chinese courts and clarifying the consideration of the interests of all parties.