Forum Non Conveniens
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Forum Non Conveniens
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Author : Ronald A. Brand
language : en
Publisher: Oxford University Press
Release Date : 2007-07-27
Forum Non Conveniens written by Ronald A. Brand and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-07-27 with Law categories.
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.
Forum Non Conveniens In The Modern Age A Comparative And Methodological Analysis Of Anglo American Law
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Author : Michael Karayanni
language : en
Publisher: BRILL
Release Date : 2021-11-22
Forum Non Conveniens In The Modern Age A Comparative And Methodological Analysis Of Anglo American Law written by Michael Karayanni and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-22 with Law categories.
The book’s compelling thesis is that the role of the forum non conveniens should be strengthened and even enhanced, particularly in light of modern advancements such as Internet transactions, efficient jet travel and telecommunications facilitating transfer of documents and testimony. Karayanni argues, more importantly, that in order to face technological complexities, the forum non conveniens doctrine needs to undergo a basic transformation. He proposes that American and English law doctrines similar to the forum non conveniens, like the reasonableness test and the forum conveniens doctrine, be integrated. Published under the Transnational Publishers imprint.
Forum Non Conveniens In England
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Author : Ardavan Arzandeh
language : en
Publisher:
Release Date : 2019
Forum Non Conveniens In England written by Ardavan Arzandeh and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Forum non conveniens categories.
"The forum (non) conveniens doctrine provides the basis for the discretionary exercise of jurisdiction by English courts in private international law disputes. London's pre-eminence as a centre for international commercial litigation has led to the frequent deployment of this doctrine in proceedings where parties disagree over where the case should be heard. The doctrine's significance is not limited to England but extends to many Commonwealth jurisdictions which have embraced it. This is the first book-length study devoted entirely to examining the forum (non) conveniens doctrine's past, present, and future from the perspective of the law in England. By offering a meticulous and critical analysis of relevant historical and contemporary sources in England and elsewhere, it seeks to fill gaps in relevant knowledge of the English forum (non) conveniens doctrine, and to challenge certain views concerning its operation that have come to be regarded as representing the orthodoxy. In this respect, the book attempts to refine our understanding of the doctrine's historical development, evaluate its application in the years following its formal recognition in England, and examine the case for revising it, given the changing nature of international commercial litigation in recent decades. The book's ultimate objective is to act as an authoritative and a comprehensive reference point for those with an interest in the forum (non) conveniens doctrine, more specifically, and cross-border private litigation, more generally."--Bloomsbury Publishing.
Forum Non Conveniens In England
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Author : Ardavan Arzandeh
language : en
Publisher: Bloomsbury Publishing
Release Date : 2018-12-27
Forum Non Conveniens In England written by Ardavan Arzandeh and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-27 with Law categories.
The forum (non) conveniens doctrine provides the basis for the discretionary exercise of jurisdiction by English courts in private international law disputes. London's pre-eminence as a centre for international commercial litigation has led to its frequent deployment in proceedings where parties disagree over where a case should be heard. The doctrine's significance is not limited to England but extends to many Commonwealth jurisdictions which have embraced it. This is the first book-length study devoted entirely to examining the forum (non) conveniens doctrine's past, present, and future from the perspective of the law in England. By offering a meticulous and critical analysis of relevant historical and contemporary sources in England and elsewhere, it seeks to fill gaps in relevant knowledge of the English forum (non) conveniens doctrine, and challenge certain views concerning its operation that have come to be regarded as representing the orthodoxy. In this respect, the book attempts to refine our understanding of the doctrine's historical development, evaluate its application in the years following its formal recognition in England, and examine the case for revising it, given the changing nature of international commercial litigation in recent decades. The book's ultimate objective is to act as an authoritative and comprehensive reference point for those with an interest in the forum (non) conveniens doctrine, more specifically, and cross-border private litigation, more generally.
Forum Shopping In The European Judicial Area
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Author : Pascal de Vareilles-Sommières
language : en
Publisher: Bloomsbury Publishing
Release Date : 2007-12-18
Forum Shopping In The European Judicial Area written by Pascal de Vareilles-Sommières and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-12-18 with Law categories.
One of the issues left untouched by the Brussels Convention of 27 September 1968 (and by the Brussels-1 Regulation replacing it) concerns the leeway left to domestic courts when applying European rules on international jurisdiction in civil and commercial matters. For instance, is the court under a duty of strict compliance with the jurisdiction rule as it is drafted? Would such a duty go so far as to require the court to abide by the jurisdiction rule, even though it is being used by one of the litigants to achieve an unfair result, for example to delay adjudication on the merits? Under what conditions may the Court decline jurisdiction on account of any unsuitable forum shopping, thus ruling out the European provision on jurisdiction? Recent litigation in the ECJ has yielded rather, even excessively, restrictive answers, ruling out any discretion by domestic courts to remedy any inconvenience arising from the strict application of the European provisions, if such discretion were provided for by the lex fori (the Gasser case, the Turner case, and the Owusu case). This series of rulings from the ECJ raises several questions. Most observers have questioned the appropriateness of prescribing a blind application of European rules on jurisdiction by domestic courts, relying on the legal traditions of EC Member States usually providing for corrective mechanisms - such as 'forum non conveniens' in English Law and 'exception de fraude' in French Law - in cases when a party abusively triggers the jurisdiction of a court in order to obtain an unjust advantage, thus practising unacceptable forum shopping. The time has now come for an analysis, under both Community and comparative law, of the ramifications of the recent Gasser/Turner/Owusu cases. Readers will find in this book a collection of studies by some of the leading English and French experts today, analysing the ins and outs of jurisdiction and forum shopping in Europe.
International Dispute Resolution The Regulation Of Forum Selection
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Author : Jack L. Goldsmith
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2023-09-20
International Dispute Resolution The Regulation Of Forum Selection written by Jack L. Goldsmith and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-09-20 with Business & Economics categories.
For situations where the forum selection clause can make all the difference, this book is invaluable. The text shows how parties can mitigate the effects of concurrent jurisdiction ex ante through the use of forum selection clauses in arbitration agreements, and also explains the role of provisional and protective measures in the regulation of forum selection and judicial doctrines that directly regulate "improper" forum selections. Published under the Transnational Publishers imprint.
Forum Non Conveniens In The Modern Age
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Author : Michael Mousa Karayanni
language : en
Publisher: Brill Nijhoff
Release Date : 2004
Forum Non Conveniens In The Modern Age written by Michael Mousa Karayanni and has been published by Brill Nijhoff this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Conflict of laws categories.
Originally intended to protect parties from the overreaching power of a forum-state, the doctrine of forum non conveniens has come to a cross-roads: because of modern technology, should its use be limited, or should it be enhanced?
Private International Law In Commonwealth Africa
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Author : Richard Frimpong Oppong
language : en
Publisher: Cambridge University Press
Release Date : 2013-09-12
Private International Law In Commonwealth Africa written by Richard Frimpong Oppong and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-09-12 with Law categories.
A comprehensive and in-depth analysis of how courts in the countries of Commonwealth Africa decide claims under private international law.
Forum Shopping Despite Unification Of Law
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Author : Franco Ferrari
language : en
Publisher: BRILL
Release Date : 2021-08-16
Forum Shopping Despite Unification Of Law written by Franco Ferrari and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-16 with Law categories.
According to some commentators, forum shopping is an “evil” that must be eradicated. It has been suggested that the unification of substantive law through international conventions constitutes one way to achieve this outcome. This book shows that the drafting of uniform substantive law convention cannot prevent forum shopping. The reasons are classified into two main categories: convention-extrinsic and convention-intrinsic reasons. The former category comprises those reasons upon which uniform substantive law conventions do not have an impact at all. These reasons range from the costs of access to justice to the bias of potential adjudicators to the enforceability of judgments. The convention-intrinsic reasons, on the other hand, are reasons that relate to the nature and design of uniform substantive law conventions, and include their limited substantive and international spheres of application as well as their limited scope of application, the need to provide for reservations, etc. This book also focuses on another reason why forum shopping cannot be overcome: the impossibility of ensuring uniform applications and interpretations of the various uniform substantive law conventions.
Foreign Plaintiffs In Products Liability Actions
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Author : Warren Freedman
language : en
Publisher: Praeger
Release Date : 1988-03-30
Foreign Plaintiffs In Products Liability Actions written by Warren Freedman and has been published by Praeger this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988-03-30 with Law categories.
This book is directed at practical applications and case law support for invoking forum non conveniens. It begins with a basic discussion of the evolution of the doctrine. The balance of the book is devoted to applying appropriate case law to a variety of situations. Likely opposing arguments, public policy notions, and the relationship of forum non conveniens to jurisdiction and venue are also considered. Virginia Journal of International Law American multinational corporations face a unique problem with regard to products liability litigation instituted by foreign plaintiffs. In many cases, plaintiffs outside the U.S. file suits in U.S. courts despite the fact that the incident on which the suit is based took place in other countries. Such action is often taken because of features peculiar to the U.S. legal system, including the doctrine of strict liability, the availability of contingency fees for attorneys, and the prevalence of large awards to individuals in products liability cases. This informative study by a legal professional and products liability specialist focuses on a doctrine that can lessen liability exposure for multinational corporations. By successfully petitioning the courts under the doctrine of forum non conveniens, corporations may have court proceedings transferred to another jurisdiction, often outside the U.S., which has a direct connection with the incident and where potential liability exposure is greatly reduced. Following an introductory discussion of the evolution of this doctrine, Freedman documents its use with appropriate case law in a wide variety of situations.