Recent Development Of The Forum Non Conveniens Principle In China

Abstract

Last year, China amended its Civil Procedure Law. On 1 January 2024, the amended Civil Procedure Law was implemented. The amended Civil Procedure Law elevated the principle of forum non conveniens to a legal provision for the first time, and further refined the rules for handling cases under that principle.

Over the past decade, Chinese courts have rarely applied the principle of forum non conveniens due to the strict criteria for its application. Judges have also tended to adopt a more cautious approach when deciding whether a case is of interest to Chinese citizens, enterprises, and other organizations. This article will discuss the development and future trend of the doctrine of forum non conveniens in China in light of this historical backdrop, both in terms of its evolution and application.