| Publication |
2012.
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| Summary/Abstract |
Forum non conveniens is a popular doctrine in common law jurisdictions but it is generally unacceptable in civil law. Historically, China is a country of civil law tradition and Chinese law accordingly does not recognize this doctrine. Nevertheless, this doctrine has gradually attracted more and more Chinese lawyers' attention and been de facto applied by some Chinese courts in the past decades. A systematic survey of Chinese courts' practice, however, demonstrates that compared with those in the United States and United Kingdom, the Chinese version of this doctrine is quite limited, which is consistent with the Chinese jurisdictional background and judicial reality. Looking to the future, this doctrine should be formally accepted by Chinese law and more details on its application need be worked out.
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