Forum non conveniens and jurisdiction clauses: English courts’ strong reasons test, factors and recent cases
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Practice notes
This Practice Note considers the approach of the English courts when considering whether to stay English court proceedings where the parties have agreed an exclusive, non exclusive or asymmetric jurisdiction clause.
The courts deploy the strong reasons test when deciding whether to grant a stay. A jurisdiction agreement may point to the English courts or to a foreign court, as expressly stated within the clause. Where the parties have opted for an English jurisdiction clause yet a claim is commenced abroad, the English courts can be invited to restrain the overseas claimant from continuing those proceedings, for instance through an anti‑suit injunction. For further guidance, see Practice Note: Anti‑suit injunctions—principles. On issues of forum non conveniens, the English courts follow the approach in Spiliada Maritime Corporation v Cansulex Ltd (1987), namely whether there exists a clearly or distinctly more appropriate forum for determination of the parties’ disputes. The House of Lords in Spiliada was not concerned with a case in which the parties had made a jurisdiction agreement stipulating the forum for resolving any dispute. This position has been reiterated by the Supreme Court in UniCredit Bank GmbH v RusChemAlliance LLC, a point subsequently reiterated by that court itself again...
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Web page updated on 22/05/2026
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