ABSTRACT
This draft chapter for an edited volume on American exceptionalism attempts to demythologize the doctrine of forum non conveniens while also explaining its exceptional trajectory in the United States. First, the chapter clarifies that the doctrine only dates back to the mid-1800s – not the 1600s, as is often asserted. It shows how Scottish cases from the 1600s have been misread by twentieth century scholars, a mistake that has obscured the modernity of forum non conveniens. Second, it argues that even though the doctrine originally served the same purpose in Scotland and the United States – as a safety valve for exorbitant personal jurisdiction – it evolved in the United States into a tool to curb perceived excesses in litigation. That is, the exceptional US doctrine of forum non conveniens is itself a response to the exceptionalism of US litigation explored in this volume.
Gardner, Maggie, The Common Roots but Exceptional Development of Forum Non Conveniens (January 9, 2026).
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