Declining international civil jurisdiction under the laws of certain European countries and recommendations for Vietnam

Abstract

There are numerous grounds upon which a national court, despite possessing jurisdiction over an international civil matter, may decline to adjudicate, declares that it does not accept the request; such as the case is under the exclusive jurisdiction of a foreign court, matters currently pending before a foreign court, the defendant is entitled to immunity, or when a foreign court is deemed more suitable to resolve it. This article focuses on studying the case where a national court “cedes” its jurisdiction to a foreign court on the basis that the latter is better suited to resolve the dispute, a principle known in legal theory as “Forum non conveniens”.