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Forum non conveniens is a legal doctrine used by common law courts determine issues of jurisdiction, particularly with regard to foreign judgments and foreign court proceedings. Image File history File links Scale_of_justice. ...
The term Conflict of Laws descibes generally the body of law that aspires to provide solutions to international or interstate legal disputes between persons or entities other than countries or states as such. ...
In Conflict of Laws, characterisation is the second stage in the procedure to resolve a lawsuit involving a foreign law element. ...
In the Conflict of Laws, an incidental question is a legal issue that arises in connection with the major cause of action in a lawsuit. ...
In Conflict of Laws, renvoi (from the French, meaning send back) is a subset of the choice of law rules and it is potentially to be applied whenever a forum court is directed to consider the law of another state. ...
Choice of law is a concept within the field of the conflict of laws, relating to relationships between different nations, and in the United States between individual states. ...
The choice of law rules in the Conflict of Laws in the United States have diverged from the traditional rules applied internationally. ...
Public policy or ordre public is the body of fundamental principles that underpin the operation of legal systems in each state. ...
The Hague Conference on Private International Law is the preeminent organisation in the area of private international law. ...
For the purposes of Public International Law and Private International Law, a state is a defined group of people, living within defined territorial boundaries and subject, more or less, to an autonomous legal system exercising jurisdiction through properly constituted courts. ...
In law, jurisdiction from the Latin jus, juris meaning law and dicere meaning to speak, is the practical authority granted to a formally constituted body or to a person to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility. ...
In all lawsuits involving Conflict of Laws, questions of procedure as opposed to substance are always determined by the lex fori, i. ...
The lex causae is the Latin term for law of the case in the Conflict of Laws. ...
Lex fori is a private international law doctrine meaning the law of the court in which proceedings are being conducted. ...
Forum shopping is the informal name given to the practice adopted by some plaintiffs to get their legal case heard in the court thought most likely to provide a favourable judgment, or by some defendants who seek to have the case moved to a different court. ...
The principle of lis alibi pendens applies both in municipal, public international law, and private international law to address the problem of potentially contradictory judgments. ...
In Conflict of Laws, domicile (termed domicil in the U.S.) is the basis of the choice of law rule operating in the characterisation framework to define a persons status, capacity and rights. ...
The lex domicilii is the Latin term for law of the domicile in the Conflict of Laws. ...
In the Conflict of Laws, habitual residence is the standard civil law connecting factor used to select the lex causae in cases characterised as status, capacity and family law. ...
In English usage, nationality is the legal relationship between a person and a country. ...
The term lex patriae is Latin for the law of nationality in the Conflict of Laws which is the system of public law applied to any lawsuit where there is a choice to be made between several possibly relevant laws and a different result will be achieved depending on which...
The lex loci arbitri is the Latin term for law of the place where arbitration is to take place in the Conflict of Laws. ...
The term lex situs (Latin) refers to the law of the place in which property is situated for the purposes of the Conflict of laws. ...
The lex loci contractus is the Latin term for law of the place where the contract is made in the Conflict of Laws. ...
The lex loci delicti commissi is the Latin term for law of the place where the tort was committed in the Conflict of Laws. ...
The lex loci solutionis is the Latin term for law of the place where relevant performance occurs in the Conflict of Laws. ...
The Doctrine of the Proper Law is applied in the choice of law stage of a lawsuit involving the Conflict of Laws. ...
The lex loci celebrationis is the Latin term for law of the place where the marriage is celebrated in the Conflict of Laws. ...
A choice of law clause in a contract is one whereby the parties to that contract specify which law (i. ...
A forum selection clause is a clause in a contract in which the parties agree that any litigation resulting from that contract will be brought in a specific forum. ...
The capacity of both natural and artificial persons determines whether they may make binding amendments to their rights, duties and obligations, such as getting married or merging, entering into contracts, making gifts, or writing a valid will. ...
In the Conflict of Laws, the validity of a contract with one or more foreign law elements will be decided by reference to the so-called proper law of the contract. ...
In Conflict of Laws, the choice of law rule for tort is the proper law. ...
In Conflict of Laws, the issue of marriage has assumed increasing public policy significance in a world of increasing multi-ethnic, multi-cultural community existence. ...
In Conflict of Laws, the issue of nullity (known as annulment in the United States) in Family Law inspires a wide response among the laws of different states as to the circumstances in which a marriage will be valid, invalid or null. ...
In modern society, the role of marriage and its termination through divorce have become political issues. ...
For the religious process, see Get (divorce document) A get or gett (גט) is the Jewish form of divorce which, when one is available in the state of residence, is supervised by a Beth Din (בית דין), a rabbinical court. ...
In Islamic Law, there are two forms of divorce known as the talaq and its less well-regulated version of triple talaq. ...
In Conflict of Laws, the subject of Property Law follows the terminology of the civil law systems out of Comity. ...
In the Conflict of Laws, the subject of succession deals with all procedural matters relevant to estates containing a foreign element whether that element consists of the identity of the deceased, those who may inherit or the location of property. ...
In Conflict of Laws, the Hague Convention on the Law Applicable to Trusts and on Their Recognition was concluded on 1 July 1985 and entered into force 1 January 1992. ...
In the Conflict of Laws, issues relevant to the enforcement of foreign judgments are frequently regulated by bilateral treaty or multilateral international convention to facilitate the reciprocal recognition and enforcement of judgments between states. ...
This article is about law in society. ...
Doctrine, from Latin doctrina, (compare doctor), means a body of teachings or instructions, taught principles or positions, as the body of teachings in a branch of knowledge or belief system. ...
This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ...
The literal translation of the Latin phrase is "inconvenient forum" or "inappropriate forum." Latin is an ancient Indo-European language. ...
The doctrine is also used domestically. Countries with overlapping, parallel or exclusive courts such as the United States and Canada also use the doctrine to decide when a judgment from a neighboring court should be recognized and enforced. It is an important organizing principle in the field of Conflict of Laws. The term Conflict of Laws descibes generally the body of law that aspires to provide solutions to international or interstate legal disputes between persons or entities other than countries or states as such. ...
The underlying principles, such as basing respect given to foreign courts on reciprocal respect or comity, also apply in civil law systems (lis alibi pendens). Comity is a term used in international law (and in the law governing relations between U.S. states) to describe an informal principle that nations will extend certain courtesies to other nations, particularly by recognizing the validity and effect of their executive, legislative, and judicial acts. ...
Civil law is a codified system of law that sets out a comprehensive system of rules that are applied and interpreted by judges. ...
The principle of lis alibi pendens applies both in municipal, public international law, and private international law to address the problem of potentially contradictory judgments. ...
A concern often raised in applications of the doctrine is forum shopping, or picking a court merely to gain an advantage in the proceeding. Forum shopping is the informal name given to the practice adopted by some plaintiffs to get their legal case heard in the court thought most likely to provide a favourable judgment, or by some defendants who seek to have the case moved to a different court. ...
Explanation
A sovereign state enacts laws which are applied through a court system. The laws of the court are termed the lex fori, or law of the forum. As a matter of civil procedure, courts must decide whether and in what circumstances, they will accept jurisdiction over parties, and subject matter when a lawsuit begins. This decision will be routine, or not raised at all, if the relevant elements of the case are within the territorial jurisdiction of the court. If one or more of the parties reside outside the territorial jurisdiction or there are other factors which might make another forum more appropriate, the question of jurisdiction must be settled. Sovereignty is the exclusive right to exercise supreme political (e. ...
For the purposes of Public International Law and Private International Law, a state is a defined group of people, living within defined territorial boundaries and subject, more or less, to an autonomous legal system exercising jurisdiction through properly constituted courts. ...
A court is an official, public forum which a sovereign establishes by lawful authority to adjudicate disputes, and to dispense civil, labour, administrative and criminal justice under the law. ...
Lex fori is a private international law doctrine meaning the law of the court in which proceedings are being conducted. ...
Civil procedure is the body of law that sets out the process that courts will follow when hearing cases of a civil nature (a civil action). These rules govern how a lawsuit or case may be commenced, what kind of service of process is required, the types of pleadings or...
In law, jurisdiction from the Latin jus, juris meaning law and dicere meaning to speak, is the practical authority granted to a formally constituted body or to a person to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility. ...
A party is a person or group of persons that compose a single entity which can be identified as one for the purposes of the law. ...
A lawsuit is a civil action brought before a court in which the party commencing the action, the plaintiff, seeks a legal remedy. ...
In law, jurisdiction from the Latin jus, juris meaning law and dicere meaning to speak, is the practical authority granted to a formally constituted body or to a person to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility. ...
Historical Origin The doctrine of forum non conveniens originated in the United States in Willendson v Forsoket 29 Fed Cas 1283 (DC Pa 1801) (No 17,682) where a federal district court in Pennsylvania declined to exercise jurisdiction over a Danish sea captain sued for back wages by a Danish seaman, stating that "[i]f any differences should hereafter arise, it must be settled by a Danish tribunal." In Scotland, the concept first appeared in MacMaster v MacMaster (Judgment of 7 June 1833, Sess, Scot 11 Sess Cas, First Series 685. Motto: Nemo me impune lacessit (English: No one provokes me with impunity) Scotlands location within Europe Scotlands location within the United Kingdom Languages English, Gaelic, Scots Capital Edinburgh Largest city Glasgow First Minister Jack McConnell Area - Total - % water Ranked 2nd UK 78,782 km² 1. ...
UK law The doctrine has limited application in most civil law jurisdictions which prefer lis alibi pendens, even though forum non conveniens and the ideas behind it are acknowledged. By virtue of its membership of the European Union, the United Kingdom has become a signatory to the Brussels Convention. The Civil Jurisdiction and Judgments Act 1982 as amended by the Civil Jurisdiction and Judgments Act 1991 stated that, - "Nothing in this Act shall prevent any court in the UK from staying, sisting, striking out or dismissing any proceedings before it on the ground of forum non conveniens or otherwise, where to do so is not inconsistent with the 1968 [Brussels] Convention or, as the case may be, the Lugano Convention."
The case of Owusu v Jackson and Others [1] before the European Court of Justice, was concerned with the relationship between Article 2 of the Brussels Convention and the scope of forum non conveniens within the European Community. In Owusu, the English Court of Appeal asked the ECJ whether it could stay a matter brought to it under Article 2 Brussels Convention pursuant to the English forum non conveniens rules. The Court held that the Brussels Convention was a mandatory set of rules designed to harmonise and so produce a predictable system throughout the EU. If one or more states were able to derogate from the Convention using their own domestic rules of civil procedure, this would deny a uniform result to proceedings based on forum selection. Hence, at 46. the ECJ held: The European Court of Justice (ECJ) is formally known as the Court of Justice of the European Communities, i. ...
The European Community (EC), most important of three European Communities, was originally founded on March 25, 1957 by the signing of the Treaty of Rome under the name of European Economic Community. ...
Her Majestys Court of Appeal is the second most senior court in the English legal system (with only the judges of the House of Lords above it). ...
- the Brussels Convention precludes a court of a Contracting State from declining the jurisdiction conferred on it by Article 2 of that convention on the ground that a court of a non-Contracting State would be a more appropriate forum for the trial of the action even if the jurisdiction of no other Contracting State is in issue or the proceedings have no connecting factors to any other Contracting State.[2]
However, some UK commentators argue that the forum non conveniens rules may still apply to cases where the other proceedings are not in a Member state but this remains uncertain.
Australia In the jurisdictions where the forum non conveniens rules survive, courts will usually dismiss a case where, although there is some jurisdiction over the dispute, the judges are of the opinion that the dispute more appropriately belongs in a different legal forum. Australia slightly diverged in this respect for a period of time. In Oceanic Sun Line Special Shipping Co v Fay (1988) 165 CLR 197 and Voth v Manildra Flour Mills (1990) 71 CLR 538 the High Court of Australia refused to adopt the "most suitable forum" approach, instead devising its own "clearly inappropriate forum" test. Nevertheless, the Australian courts balanced the foreign and local factors in each case, and a dismissal would only be granted if the defendant could show that he, she or it was "oppressed" or "harassed" by the plaintiff's choice of Australia for legal action. This retained the rationale of the traditional doctrine, making it impossible for Australian defendants to obtain a dismissal from their own courts on forum non conveniens grounds. In Regie National des Usines Renault SA v Zhang (2002) 210 CLR 491, the High Court affirmed the "clearly inappropriate forum" test as Australian law, while stating that even where the law of a foreign country had to be applied to decide a case, Australia would not be a "clearly inappropriate" forum for hearing the matter (Lindell: 2002). High Court entrance The High Court of Australia is the final court of appeal in Australia, the highest court in the Australian court hierarchy. ...
Canada The doctrine of forum non conveniens in Canada was considered in Amchem Products Inc. v. British Columbia Worker's Compensation Board, [1993] 1 S.C.R. 897. The Court held that the test for striking out a claim for forum non conveniens is where "there is another forum that is clearly more appropriate than the domestic forum." If the forums are both found to be equally convenient, the domestic forum will always win out.
Convenience is weighed, using a multi-factored test that includes elements such as: the connection between the plaintiff's claim and the forum, the connection between the defendant and the forum, unfairness to the defendant by choosing the forum, unfairness to the plaintiff in not choosing the forum, involvement of other parties to the suit (i.e. location of witnesses), and issues of comity such as reciprocity and standard of adjudication. Comity is a term used in international law (and in the law governing relations between U.S. states) to describe an informal principle that nations will extend certain courtesies to other nations, particularly by recognizing the validity and effect of their executive, legislative, and judicial acts. ...
The Supreme Court has underlined that forum non conveniens inquiries are very similar but distinct from "real and substantial connection" test used in challenges to jurisdiction. The most important difference is that applying forum non conveniens is a discretionary choice between two forums, each of which could legally hear the issue.
Quebec Circumstances are slightly different in Quebec. The Quebec Civil Code 1994, at art. 3135 c.c.q., provides: "Even though a Quebec authority has jurisdiction to hear a dispute, it may exceptionally and on an application by a party, decline jurisdiction if it considers that the authorities of another country are in a better position to decide." For decisions applying art. 3135 c.c.q., see H.L. Boulton & Co. S.C.C.A. v. Banque Royale du Canada (1995) R.J.Q. 213 (Quebec. Supr. Ct.); Lamborghini (Canada) Inc. v. Automobili Lamborghini S.P.A. (1997) R.J.Q. 58 (Quebec. C.A.); Spar Aerospace v. American Mobile Satellite (2002) 4 S.C.R. 205, and Grecon Dimter Inc. v. J.R. Normand Inc. (2004) R.J.Q. 88 (Quebec. C.A.)
United States Among the jurisdictions with a forum non conveniens rule in place, there is a wide variety of factors that may be taken into account by the court in order to determine whether or not it is appropriate. Most notably, US courts may take public factors (burden on the court, public costs, etc.) into account and may therefore also dismiss a case on forum non conveniens grounds on their own motion. Courts throughout the Commonwealth of Nations may only take factors relating to this particular matter into account and may therefore only stay a case at the request of one of the parties. In the US, possible factors to be taken into account include: The Commonwealth of Nations, usually known as the Commonwealth, is an association of 53 independent sovereign states, almost all of which are former territories of the British Empire. ...
A court's power to dismiss for forum non conveniens is discretionary, and is generally conditioned on a determination at the outset that an adequate alternative legal forum is open to the plaintiff. For the most part, this means that the defendant is amenable to service of process in another jurisdiction. Between the jurisdictions, there are differences as to how much more appropriate the foreign court should be, in order to persuade the court to refuse jurisdiction. Typically, U.S. courts will grant the transfer if the foreign court is "more appropriate." This page is about witnesses in law courts. ...
Relevant may refer to: A concept in physics, for which see renormalization group; or A legal concept in the law of evidence; see relevance. ...
The law of evidence governs the use of testimony (e. ...
Choice of law is a concept within the field of the conflict of laws, relating to relationships between different nations, and in the United States between individual states. ...
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute. ...
The judiciary, also referred to as the judicature, consists of justices, judges and magistrates among other types of adjudicators. ...
Public policy or ordre public is the body of fundamental principles that underpin the operation of legal systems in each state. ...
In some U.S. states, the legislature has attempted to ban application of the forum non conveniens doctrine for certain cases, thus making that jurisdiction more plaintiff-friendly. A notable example is Texas, which has banned dismissals for forum non conveniens for product liability cases. A U.S. state is any one of the 50 states which have membership of the federation known as the United States of America (USA or U.S.). The separate state governments and the U.S. federal government share sovereignty. ...
A legislature is a type of representative deliberative assembly with the power to adopt laws. ...
Official language(s) See: Languages of Texas Capital Austin Largest city Houston Area Ranked 2nd - Total 268,581 sq mi (695,622 km²) - Width 773 miles (1,244 km) - Length 790 miles (1,270 km) - % water 2. ...
Product liability encompasses a number of legal claims that allow an injured party to recover financial compensation from the manufacturer or seller of a product. ...
Forum Non Conveniens and EU law As indicated, the doctrine of forum non conveniens has gained little footing in the civil law world with lis pendens being the preferred approach (see Articles 21-23 Brussels Convention). The civil law jurisdictions have a general preference to base jurisdiction on the residence of the defendant and on choice of law rules favouring the habitual residence of the parties, the lex situs, and the lex loci solutionis (applying actor sequitur forum rei). This reflects an expectation that a defendant should be sued before his or her "own" courts, modified to reflect different priorities in certain types of case. As an example of this expectation, Article 2 Brussels Convention provides: Choice of law is a concept within the field of the conflict of laws, relating to relationships between different nations, and in the United States between individual states. ...
In the Conflict of Laws, habitual residence is the standard civil law connecting factor used to select the lex causae in cases characterised as status, capacity and family law. ...
The term lex situs (Latin) refers to the law of the place in which property is situated for the purposes of the Conflict of laws. ...
The lex loci solutionis is the Latin term for law of the place where relevant performance occurs in the Conflict of Laws. ...
- Subject to the provisions of this Convention, persons domiciled in a Contracting State shall, whatever their nationality, be sued in the courts of that State.
- Persons who are not nationals of the State in which they are domiciled shall be governed by the rules of jurisdiction applicable to nationals of that State.
But this is subject to the substantial exceptions contained in Articles 3-6, the limitations on insurance actions in Articles 7-12, and consumer contracts in Articles 13-15. Article 16 also grants exclusive jurisdiction to specified jurisdictions as the lex situs of immovable property and a res, and for the status of companies, the validity of public registers with particular reference to the registration and validity of patents, and the enforcement of judgments. Subsequent Articles allow forum selection clauses and other forms of agreement between the parties to confer jurisdiction on a given forum. The Brussels Regime therefore represents a harmonised set of rules for the determination of all questions of jurisdiction throughout the EU excluding forum non conveniens. A forum selection clause is a clause in a contract in which the parties agree that any litigation resulting from that contract will be brought in a specific forum. ...
An example An Israeli businessman sues an American national with a domicile in New York State, in a court of that latter state for breach of contract. The contract was for the performance of construction services in Israel, the loss alleged to flow from the breach was sustained in Israel, all the potential witnesses live in Israel, the proper law is Israeli law, and all relevant documentation is in Hebrew. Although the New York court could base jurisdiction on the defendant's domicile and residence, it might apply forum non conveniens, reasoning that an Israeli court would be a more convenient forum. A key factor will be whether the defendant has any assets in Israel. If not, the case will have to return to New York as a foreign judgment for enforcement. This need to return to New York in any event might persuade the New York court to accept the initial jurisdiction. In English usage, nationality is the legal relationship between a person and a country. ...
In Conflict of Laws, domicile (termed domicil in the U.S.) is the basis of the choice of law rule operating in the characterisation framework to define a persons status, capacity and rights. ...
State nickname: Empire State Other U.S. States Capital Albany Largest city New York Governor George Pataki Official languages None Area 141,205 km² (27th) - Land 122,409 km² - Water 18,795 km² (13. ...
In the Conflict of Laws, the validity of a contract with one or more foreign law elements will be decided by reference to the so-called proper law of the contract. ...
Cranes are essential in large construction projects, such as this skyscraper In project architecture and civil engineering, construction is the building or assembly of any infrastructure. ...
The Doctrine of the Proper Law is applied in the choice of law stage of a lawsuit involving the Conflict of Laws. ...
The Modern Hebrew language is a Semitic language of the Afro-Asiatic language family. ...
Shipping and forum non conveniens The application of forum non conveniens most commonly arises in shipping cases since many different parties may be involved as charterers or consignees and because of the international nature of the law of the sea and maritime law|Maritime law|maritime trade. Despite many different conventions dealing with aspects of international trade, jurisdictional disputes are common. Moreover, in some instances, a case in the United States may be initiated under U.S. state law when Admiralty (which is a Federal jurisdiction) would be the more appropriate forum. If this occurs, the case may be removed to the Federal Courts or to the courts of another state on the ground of forum non conveniens. This article may be too technical for most readers to understand. ...
Admiralty law (usually referred to as simply admiralty and also referred to as maritime law) is a distinct body of law which governs maritime questions and offenses. ...
Admiralty law (usually referred to as simply admiralty and also referred to as maritime law) is a distinct body of law which governs maritime questions and offenses. ...
It has been suggested that Protocol (treaty) be merged into this article or section. ...
Old Admiralty House, Whitehall, London, Thomas Ripley, architect, 1723-26, was not admired by his contemporaries and earned him some scathing couplets from Alexander Pope The Admiralty was historically the authority in the United Kingdom responsible for the command of the Royal Navy. ...
For example, suppose that a container ship comes into port in Miami, Florida, USA. The ship, which is Liberian-registered, is wanted as security for various debts incurred by its Master while in Denmark. Made aware of the ship's presence, a local lawyer moves to impose a lien which involves a form of arrest by means of de novo proceedings in rem. The local Federal district sitting in Admiralty determines that the ship's Master had ostensible authority as an agent to pledge the credit of the ship's owners (who are English). It also determines that neither the ship nor its owners have violated American law in any way, and the local court is not in a good position to hear witnesses who are all resident in other states. Further, major liability in demurrage to the innocent charterers, forwarders, etc. will be incurred if the ship is detained without just cause, so it would not be unreasonable for the Federal Court to decline jurisdiction. Whether there is subsequent litigation in another state will depend on the tactics of the creditors. Without a lien over the ship or the ability to obtain some form of control over the assets of the debtor, making a claim for money owing may not be cost-effective. But, if there have already been proceedings on the issue of liability before a court of competent jurisdiction in another state so that the action in Miami is purely by way of enforcement, the Miami jurisdiction, whether it be state or federal would be the forum conveniens because the ship is physically within the jurisdiction. This article is about the city in Florida. ...
British barrister 16th century painting of a civil law notary, by Flemish painter Quentin Massys. ...
In law, lien is the broadest term for any sort of charge or encumbrance against an item of property that secures the payment of a debt or performance of some other obligation. ...
In law, the expression trial de novo literally means new trial. It is most often used in certain legal systems that provide for one form of trial, then another if a party remains unsatisfied with the decision. ...
Agency is an area of law dealing with a contractual or quasi-contractual relationship between at least two parties in which one, the principal, authorizes the other, the agent, to represent her or his legal interests and to perform legal acts that bind the principal. ...
Motto: (French for God and my right) Anthem: Multiple unofficial anthems Capital London Largest city London Official language(s) English Government Constitutional monarchy - Queen Queen Elizabeth II - Prime Minister Tony Blair MP Unification - by Athelstan 927 Area - Total 130,395 km² (1st in UK) 50,346 sq mi - Water (%) Population...
Demurrage (from demur, Fr. ...
In the Conflict of Laws, issues relevant to the enforcement of foreign judgments are frequently regulated by bilateral treaty or multilateral international convention to facilitate the reciprocal recognition and enforcement of judgments between states. ...
External links Text of the Brussels Convention [3]
References - Lindell, Geoffrey. (2002). "Regie National des Usines Renault SA v. Zhang: choice of law in torts and another farewell to Phillips v Eyre but the Voth test retained for forum non conveniens in Australia." October, Melbourne Journal of International Law.
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