The Forum of Necessity Doctrine in Comparative Private International Law

Abstract

In judicial practice, conflicts often arise over jurisdictional issues in foreign-related civil proceedings. The forum of necessity doctrine arises where the courts of two or more countries decline jurisdiction over the same foreign-related civil action, whereby the courts of one country may extend the jurisdiction of its own courts to receive and hear the relevant action based on some connection with that country. This doctrine is intended to protect the legitimate litigation rights of the parties. This article focuses on the legal framework of the forum of necessity doctrine, comparing the legislative statuses in China, Japan, Korea and Europe, and making suggestions for improvement.