Clifford Chance

DIFC Court confirms that forum non conveniens does not apply between the different courts of the UAE

25 January 2015

By the Order of Justice Sir David Steel dated 15 January 2015, the DIFC Court of First Instance confirmed that the common law concept of forum non conveniens (FNC) does not apply between the DIFC Courts and other courts of the UAE (in this case, Sharjah).

FNC provides that, where a forum in another state is clearly a more appropriate forum to try the case, a court should grant a stay of proceedings before it in favour of the alternative forum.

While FNC has been recognised by the DIFC Courts in cases where there is a connection with the UAE and another sovereign state, its applicability in cases that have connections to two emirates within the UAE was less clear.

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