The Forum Non Conveniens doctrine
Forum Non Conveniens doctrine is a discretionary authority of courts to dismiss a claim where another court, or forum, is much better suited to hear the case. The dismissal of the claim does not prevent a plaintiff from refiling his or her case in the more appropriate forum.
Forum Non Conveniens dismissal in Israeli Courts
Forum Non Conveniens doctrine was enforced by the Israeli Supreme Court. The doctrine may be invoked by either the defendant, or by the court.
When determining whether to exercise Forum Non Conveniens, the Israeli courts will consider several factors, including:
- The residence of the parties
- The location of evidence and witnesses
- Public policy
- The relative burdens on the court systems
- The plaintiff's choice of forum
- How changing the forum would affect each party's case
Even if a plaintiff brings a claim in an inconvenient forum, an Israeli court may refuse to grant a Forum Non Conveniens dismissal if there is no other forum that could hear the case.
Similarly, an Israeli court may refuse to grant a Forum Non Conveniens dismissal where the alternative forum's judicial system is grossly inadequate. For example, an Israeli court did not grant a Forum Non Conveniens dismissal where the alternative forum was the Islamic Republic of Iran.
The Israeli court may attach conditions to the dismissal. For example, the court may require the defendant to waive defenses that would prevent the plaintiff from re-filing the suit in the alternative forum.
