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ACCA Applied Skills · Corporate and Business Law (Global) · International trade, international legal regulation and conflict of laws

Ferron Co sues Garnet Co in the courts of Country R. Garnet argues that a court in Country S would be a more appropriate place to hear the dispute because most witnesses and documents are there. What is this argument usually called?

The argument is forum non conveniens. This doctrine lets a court decline to hear a case where another court is clearly a more appropriate forum, for example because witnesses and evidence are located there. The other terms concern prior judgments, excusing events, or acts beyond power.

  1. AForum non conveniensCorrect
  2. BRes judicata
  3. CForce majeure
  4. DUltra vires

Explanation

Forum non conveniens is the doctrine under which a court may decline jurisdiction because another forum is clearly more appropriate. Res judicata concerns matters already decided, force majeure concerns unforeseeable events excusing performance, and ultra vires concerns acts beyond legal power.

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