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AN ADAPTED VERSION OF FORUM NON CONVENIENS: A POTENTIALLY BENEFICIAL IMPORT FOR WESTERN BALKANS
Abstract
The countries of the Western Balkans have gone through radical social and political changes over the last three decades. The region is composed of small states that are economically inter-dependent and that aspire full membership into the European Union (EU). The regional co-operation between the countries is scarce, and judicial co-operation is often hindered by political and legalistic obstacles. The obligation to exercise jurisdiction whenever there is one, even in cases when exchange of evidence among these countries is impracticable, affects the efficiency and even the entire adjudication of a matter. This article suggests that introducing the doctrine of forum non conveniens - a form of judicial discretion in exercising jurisdiction - in national jurisdictions of the countries of the Western Balkans, would be beneficial to their legal systems and the regional judicial co-operation. The aim of this article is not to say the final word on the matter, but rather to build a basic argument on the benefits of this doctrine to this region. The article will start with an explanation of the applicability of this doctrine in common law countries by exploring the cases of the United States and the United Kingdom. Then, it will identify and address some of the main problems of applicability of the doctrine of forum non conveniens in civil law countries in general, including the Western Balkans. Given their aspirations to join the EU, the EU law context and their lis pendens solution to parallel proceedings or potentially concurring jurisdiction problems, will be taken into account and thoroughly analysed. In the concluding part, the article will argue that despite criticism, there are substantial arguments showing the doctrine would be beneficial for the countries of the Western Balkans to resolve their jurisdictional conflicts, whilst promoting their EU integration.
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