Forum Non Conveniens: History, Global Practice, and Future Under the Hague Convention on Choice of Court Agreements

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Oxford University Press, USA, Jul 27, 2007 - Law - 342 pages
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With increased international trade transactions and a corresponding increase in disputes arising from those transactions, the application of the doctrine of Forum Non Conveniens - the discretionary power of a court to decline jurisdiction based on the convenience of the parties and the interests of justice - has become extremely relevant when determining which country's court should preside over a controversy involving nationals of different countries. Forum Non Conveniens: History, Global Practice, and Future Under the Hague Convention on Choice of Court Agreements provides an in-depth analysis of the common law doctrine of Forum Non Conveniens as it has evolved in the four major common law countries (UK, US, Canada, and Australia), and looks at the similarities and differences of the doctrine among those four countries. It compares Forum Non Conveniens to the more rigid analogous doctrine of Lis Alibi Pendens found in civil law countries, which requires automatic deference to the court where a dispute is first filed and explains current initiatives for coordinating jurisdictional issues between the common law and civil law systems, the most important of which is the 2005 Hague Convention on Choice of Court Agreements. The authors explain how the Hague Convention provides a rational approach to the confluence of common law and civil law doctrines and how its application to international transactions is likely to temper judicial application of the doctrine of Forum Non Conveniens and provides greater predictability with respect to enforcement of private party choice of court agreements.Forum Non Conveniens: History, Global Practice, and Future Under the Hague Convention on Choice of Court Agreements is the only book to provide a complete explanation of Forum Non Conveniens in the context of global litigation, making it a very important resource and reference work.
 

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Contents

COMMON LAW FORUM NON CONVENIENS FOUR COUNTRIES FOUR APPROACHES
1
THE UNITED KINGDOM
7
THE UNITED STATES
37
CANADA
75
AUSTRALIA
87
SIMILARITIES AND DIFFERENCES IN COMMON LAW FORUM NON CONVENIENS DOCTRINE
101
RELATED DOCTRINES IN CIVIL LAW SYSTEMS
121
THE GLOBAL SEARCH FOR A CONVENTION ON JURISDICTION AND JUDGMENTS AND RELATED PROJECTS ADDRESSING LIS PENDE...
141
THE FUTURE FOR NOW FORUM NON CONVENIENS AND THE 2005 HAGUE CONVENTION ON CHOICE OF COURT AGREEMENTS
183
APPENDICES
211
INDEX
335
Copyright

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About the author (2007)

Ronald Brand is Professor of Law and Director of Center for International Legal Education at the University of Pittsburgh. Scott Jablonski is Managing Partner of The Law Firm of Scott R. Jablonski, P.L..

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