Forum Non Conveniens: History, Global Practice, and Future Under the Hague Convention on Choice of Court Agreements
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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COMMON LAW FORUM NON CONVENIENS FOUR COUNTRIES FOUR APPROACHES
THE UNITED KINGDOM
THE UNITED STATES
SIMILARITIES AND DIFFERENCES IN COMMON LAW FORUM NON CONVENIENS DOCTRINE
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action alternative forum anti-suit injunction apply approach appropriate forum Article 22 Australia Bremen Brussels Convention Brussels Regulation Chapter choice of court choice of forum chosen court Civil and Commercial civil law Commercial Matters common law Conference on Private consensus Contracting conveniens analysis conveniens doctrine conveniens grounds Convention on Jurisdiction court agreement court clause court first seised court of origin court second seised decision declaration decline jurisdiction defendant defendant’s determine discretion dispute doctrine of forum document domiciled Enforcement of Judgments European exclusive choice exercise jurisdiction favor federal Foreign Judgments foreign plaintiffs forum non conveniens forum selection clause habitually resident Hague Conference Hague Convention Int’l Judgments in Civil juridical advantage jurisdic Justice lis alibi pendens lis pendens litigation national law paragraph parties plaintiff plaintiff’s choice preliminary draft Convention Private International Law proceedings proposed recognition and enforcement recognition or enforcement rules Spiliada Supreme Court tion U.S. courts United Kingdom Voth