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This article has been tagged since July 2007. Forum non conveniens (Latin for "inconvenient forum" or "inappropriate forum") is a discretionary power of mostly common law courts to refuse to hear a proceeding that has been brought before it. The courts will refuse to take jurisdiction over matters where there is a more appropriate forum available to the parties. The Maritime Courts of the Republic of Panama, although not a common law jurisdiction, also have similar power. Image File history File links Scale_of_justice. ...
Conflict of laws, or private international law, or international private law is that branch of international law and interstate law that regulates all lawsuits involving a foreign law element, where a difference in result will occur depending on which laws are applied as the lex causae. ...
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 procedural stage in the litigation of a case involving the conflict of laws when it is necessary to reconcile the differences between the laws of different legal jurisdictions, such as states, federated states (as in the US), or provinces. ...
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 ius, iuris meaning law and dicere meaning to speak) is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area...
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. ...
lex loci actus law of the place where the act occured that gave rise to the legal claim. ...
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. ...
In law, dépeçage refers to the concept in the conflict of laws whereby different issues within a particular case may be governed by the laws of different states. ...
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. ...
It has been suggested that this article or section be merged into Get (divorce document). ...
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. ...
The Mareva injunction (variously known also as a freezing order or Mareva order), in Commonwealth jurisdictions, is a court order which freezes assets so that a defendant to an action cannot dissipate their assets from beyond the jurisdiction of a court so as to frustrate a judgment. ...
In the area of conflict of law, anti-suit injunction is a court order that prevents an opposing party from commencing or continuing a proceeding in a foreign jurisdiction. ...
Latin is an ancient Indo-European language originally spoken in Latium, the region immediately surrounding Rome. ...
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 doctrine is also used both internationally and 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. Conflict of laws, or private international law, or international private law is that branch of international law and interstate law that regulates all lawsuits involving a foreign law element, where a difference in result will occur depending on which laws are applied as the lex causae. ...
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 or continental law is the predominant system of law in the world. ...
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 trial at the Old Bailey in London as drawn by Thomas Rowlandson and Augustus Pugin for Ackermanns Microcosm of London (1808-11). ...
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, as opposed to a criminal action). ...
In law, jurisdiction (from the Latin ius, iuris meaning law and dicere meaning to speak) is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area...
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. ...
It has been suggested that civil trial be merged into this article or section. ...
In law, jurisdiction (from the Latin ius, iuris meaning law and dicere meaning to speak) is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area...
Historical Origin Scholars and jurists seem to find a Scottish origin prior to the first American use of the concept. [1][2] [3][4] Some writers see the doctrine of forum non conveniens as having developed from an earlier doctrine of forum non competens ("non-competent forum"). Many early cases in the U.S. and Scotland involving forum non conveniens were cases under admiralty law. Forum non conveniens thus may ultimately have a civil law origin, as has been asserted by several writers; admiralty law is based in civil law concepts. Admiralty law (also referred to as maritime law) is a distinct body of law which governs maritime questions and offenses. ...
Civil law or continental law is the predominant system of law in the world. ...
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 is first recorded in MacMaster v MacMaster (Judgment of 7 June 1833, Sess, Scot 11 Sess Cas, First Series 685.) Motto (Latin) No one provokes me with impunity Cha togar mfhearg gun dioladh (Scottish Gaelic) Wha daur meddle wi me?(Scots)1 Anthem (Multiple unofficial anthems) Scotlands location in Europe Capital Edinburgh Largest city Glasgow Official languages English, Gaelic and Scots1 Government Constitutional monarchy - Monarch Queen Elizabeth II...
UK law The doctrine has limited application in most civil law jurisdictions which prefer lis alibi pendens, although the principle behind forum non conveniens is acknowledged. As a member of the European Union, the United Kingdom signed the Brussels Convention. The Civil Jurisdiction and Judgments Act 1982 as amended by the Civil Jurisdiction and Judgments Act 1991 states that, The Brussels Regime is a set of rules regulating the allocation of jurisdiction in international legal disputes of a civil or commercial nature involving persons resident in a member state of the European Union (EU). ...
- "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 [5] 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: European Court of Justice building, Luxembourg The Court of Justice of the European Communities, usually called the European Court of Justice (ECJ), is the highest court of the European Union (EU). ...
The European Community (EC) 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 Judicial Committee 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.[6]
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. What is certain is that a Scottish Court may sist its proceedings in favour of the Courts of England or Northern Ireland on the ground of forum non conveniens, since this is settling intra-UK jurisdiction: Cumming v Scottish Daily Record and Sunday Mail Ltd, The Times June 8, 1995; Collins: 1995
Australia In the jurisdictions where the forum non conveniens rule survive, a court will usually dismiss a case where the judge determines that the dispute would be better adjudicated in a different forum. Courts have been split in their applications of the rule. 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 and instead devised its own "clearly inappropriate forum" test. Nevertheless, the Australian courts balanced the foreign and local factors, and a dismissal would only be granted if the defendant could show that he 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. Court membership Chief Justice: Antonio Lamer Puisne Justices: Gérard La Forest, Claire LHeureux-Dubé, John Sopinka, Charles Gonthier, Peter Cory, Beverley McLachlin, Frank Iacobucci, John C. Major Reasons given Unanimous reason by: Sopinka J. Amchem Products Inc. ...
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 The defendant may move to dismiss an action on the ground of forum non conveniens. Invoking this doctrine usually means that the plaintiff properly invoked the jurisdiction of the Court, but it is inconvemient for the Court and the Defendant to have a trial in the original jurisdiction. The Court must balance the balance of conveniences, but extra weight must be given to the plaintiff's choice of forum. In other words, if the plaintiff's choice of forum was legitimate and reasonable, defendant must show compelling arguments to convince a Court to refuse jurisdiction. If a transfer would simply shift the inconvenience from one party to the other, the plaintiff's choice of forum should not be disturbed.
The rule is that a corporation sued in the jurisdiction of its headquarters is not entitled to seek a Forum Non Conveniens dismissal. Thus, if an American corporation is sued somewhere where it just transacts business, but not the headquarters, and the Court dismisses based on FNC, plaintiff may still refile the action in the jurisdiction of the headquarters.
In deciding whether to grant the motion, the court reflects on the following factors:
- the location of potential witnesses. Defendant must make a full and candid showing, naming the potential witnesses for the defense, specifying their location, specifying what their testimony may be and how crucial it is for the defense,and setting forth how exactly they may be inconvenienced by having to testify in the Court chosen by plaintif.
- The location of relevant evidence and records. Defendant must identify the records, explain who is the custodian in charge of the records, address necessity, language and translation problems, address the volume of such records, address the law governing these records, and rule out existence of duplicate records in the jurisdiction chosen by plaintiff. The mere fact that records need to be translated is not a sufficient ground for FNC.
- possible undue hardship for the defendant. Defendant must explain what the hardship is, and how material the costs are. If there are costs involved, they need to be spelled out. If there is a difficulty in getting witnesses out of a foreign Court and into the original Court, this too needs to be revealed to the Court. Defendant must also explain why the use of Letters Rogatory or other judicial reciprocity tools are not sufficient, and can not replace actual transfer of the case. The standard which defendant must meet is "overwhelming hardship" if required to litigate in the forum State.
- availability of adequate alternative forum for the plaintiff. Merely pointing out that plaintiff could have sued somewhere else is not sufficient to succeed on a Forum Non Conveniens motion.
- the expeditious use of judicial resources. In practice this is just boilerplate language that comes along with the application. However, sometimes the Court chosen by the plaintiff may be logistically or administratively unfit or ill equipped for the case, for example, mass torts.
- the choice of law applicable to the dispute. If all other factors weigh in favor of keeping the case in the original jurisdiction where it was filed, then the Court may apply its own law Lex Fori, or apply the foreign law. Thus, the mere fact that foreign law may apply to the event, circumstances, accident or occurrence is not a strong reason to dismiss the case on FNC grounds.
- Questions of public policy. In analyzing the factors, the subject matter of the complaint may touch on a sensitive issue that is very dear and important to the laws of either the original jurisdiction or the alternative forum. Those public policy issues must be pinpointed, analyzed and briefed in a way that makes it clear why this issue overrides the other factors. For example, an employee suing a foreign corporation in the state of employment, may enjoy the public policy to protect local employees from foreign abusers. See, Federal Employers' Liability Act (FELA).
Side factors are: This page is about witnesses in law courts. ...
Look up relevant in Wiktionary, the free dictionary. ...
The law of evidence governs the use of testimony (e. ...
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. ...
A Letter Rogatory or Letter of Request is a formal request from a court to a foreign court for some type of judicial assistance. ...
The judiciary, also referred to as the judicature, consists of justices, judges and magistrates among other types of adjudicators. ...
Choice of law is a procedural stage in the litigation of a case involving the conflict of laws when it is necessary to reconcile the differences between the laws of different legal jurisdictions, such as states, federated states (as in the US), or provinces. ...
Public policy or ordre public is the body of fundamental principles that underpin the operation of legal systems in each state. ...
- Location where the cause of action arose. In most States, defendant must usually show that the cause of action arose outside the jurisdiction.
- Identity of the parties. Who is suing who? Is the plaintiff hauling to Court an individual defendant or a small company without financial means as a method to oppress the defendant with financial and legal costs by litigating in a far away Court? Is the defendant, a conglomerate making the FNC application simply to force the plaintiff to bear expensive costs of travel and retainer of foreign lawyers? A plaintiff who is a resident in the State where action was filed is normally entitled to have his case heard in the home State.
- Vexatious motive. Where there is no evidence that plaintiff had improper intent in bringing the case specifically in the particular forum, many Courts would deny the forum non conveniens motion.
- Jurisprudential development and political conditions at the foreign forum. Is the Court going to send the plaintiff to a land where the law is underdeveloped, or uncivilized or where no "Equal Protection" and "Due Process" are recognized? Is the Court going to send the plaintiff to another court in a Country where violence is rampant or in the middle of a war? A suit will not be dismissed if the foreign Court does not permit litigation of the subject matter of the complaint, or no live testimony of plaintiff is required by appearance, or the foreign law is otherwise deficient in its protocols or procedures.
The determination of the Court may not be arbitrary or abusive, as this is a drastic remedy to be applied with caution and restraint. The Equal Protection Clause is a part of the Fourteenth Amendment to the United States Constitution, providing that no state shall make or enforce any law which shall. ...
In United States law, adopted from English Law, due process (more fully due process of law) is the principle that the government must normally respect all of a persons legal rights instead of just some or most of those legal rights when the government deprives a person of life...
As for the transfer of a trial to a jurisdiction outside of the U.S., courts will only grant the transfer if a foreign court is "more appropriate", and there may be a real opportunity to obtain justice there.
There have been efforts by state legislatures to limit the availability of the doctrine, to make the jurisdiction more plaintiff-friendly. In Texas, for example, parties in product liability cases may not invoke the rule. Federal courts Supreme Court Chief Justice Associate Justices Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures State Courts Counties, Cities, and Towns Other countries Politics Portal In the United States of America, a state legislature is a generic term referring to the...
Official language(s) No Official Language See languages of Texas Capital Austin Largest city Houston Area Ranked 2nd - Total 261,797 sq mi (678,051 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 The doctrine of forum non conveniens gained little footing in the civil law world, which prefers the approach of lis pendens (see Articles 21-23 Brussels Convention). The civil law jurisdictions generally bases 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 procedural stage in the litigation of a case involving the conflict of laws when it is necessary to reconcile the differences between the laws of different legal jurisdictions, such as states, federated states (as in the US), or provinces. ...
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. It is alleged that 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. ...
This article or section does not cite any references or sources. ...
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. ...
In reality, a New York defendant would rarely make a FNC motion seeking voluntarily to send the case to a foreign country. This would mean that the defendant would have to travel to Israel for pretrial conferences everytime his affidavits must be cross examined, rather than take the subway. He would also have to hire foreign lawyers, which means less control over their work because of language and communication problems, lack of familiarity with the foreign system, less physical access to legal advice, etc, and also taking a risk that the foreign systems contains legal traps that are unpredictable. In addition, a foreign Court might show favoritism towards the foreign defendant and against the New York plaintiff. Thus, in reality a New York defendant would almost always prefer to defend the case in a familiar turf. One mechanism is to ask the New York Court to instruct the Israeli plaintiff to deposit a bond to secure costs and fees to secure recovery if the case is unsuccessful. Also, the availability of future recovery in a foreign Court is not a critical factor in the FNC analysis, as foreign judgments can be brought back to New York for domestication under the principle of comity by making a motion in lieu of complaint to recognize the foreign judgment.
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 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. ...
Single European Act A treaty is a binding agreement under international law entered into by actors in international law, namely states and international organizations. ...
Flag of the Lord High Admiral The Admiralty was formerly 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. ...
A lawyer, according to Blacks Law Dictionary, is a person learned in the law; as an attorney, counsel or solicitor; a person licensed to practice law. ...
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) God and my right Anthem No official anthem - the United Kingdom anthem God Save the Queen is commonly used England() – on the European continent() – in the United Kingdom() Capital (and largest city) London (de facto) Official languages English (de facto) Unified - by Athelstan 927 AD Area - Total 130...
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 [7]
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.
- Dakoutros, Andrew LLB LLM Barrister (2002) Forum non conveniens, forum shopping. Forum non conveniens
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