European judicial area and forum “non conveniens”: a difficult coexistence

Marco Lopez de Gonzalo, partner of Studio Legale Mordiglia, published an article on Diritto del Commercio Internazionale vol. 4/2019 entitled “Spazio giudiziario europeo e forum non conveniens: una difficile convivenza (United Kingdom Supreme Court, 10 Aprile 2019)”. The case originates from a proceeding involving two defendants, respectively domiciled in UK and in Zambia. While the jurisdiction concerning the first one has been undisputedly established pursuant to art. 4.1 of the Regulation (EU) no. 1215/2012 on the basis of the forum non conveniens, the UK Supreme Court decided to discretionally assess the jurisdiction concerning the second defendant, by taking into account specific elements, such as the connection between the claims (considered relevant but not decisive) and the need to provide, upon the occurrence of peculiar conditions ,”substantial justice” to the involved parties. Mr. Lopez draws on the decision at stake in order to reflect on the forum non conveniens doctrine.