Discusses the background and history of the common-law doctrine of forum non conveniens.
Written in 2005; 4,237 words; 50 sources; APA; $ 112.95
Paper Summary:
In its purest form, the doctrine of forum non conveniens permits a court to deny jurisdiction of a matter where principles of justice and convenience favor dismissal. This paper discusses the background and history of the common-law doctrine of forum non conveniens, how the doctrine found its way into federal law, and how it eventually came to be used as a bar to lawsuits by foreign plaintiffs in the United States. The paper then discusses some of the arguments advanced by opponents of forum non conveniens, and the suggestions they have made to correct the perceived inequities of the doctrine. Finally, the paper identifies some important issues that remain undecided under the modern doctrine.
Paper Outline:
Introduction
History and Background of the Foreign Non Conveniens Doctrine
History of the Doctrine of Forum Non Conveniens
Private and Public Interest Factors Developed In Gulf Oil Corp. v. Gilbert
Forum Non Conveniens Almost Goes Extinct
The Modern "International" Doctrine of Foreign Non Conveniens
Forum Non Conveniens Re-Emerges and Goes International
Change of Law Loses Importance
The Two-Part Forum Non Conveniens Test
Application of the Modern Forum Non Conveniens Doctrine
Problems with the "New" Application of the Forum Non Conveniens Doctrine
Alternatives to the Forum Non Conveniens Doctrine
Other Issues Identified by Federal Courts
Conclusion
From the Paper:
"Probably the best and most realistic way to fix the perceived inequity of the forum non conveniens doctrine is for the United States Supreme Court to provide federal courts with a little more guidance on the rule, and to relax the harsh effects that it has been found to have. Although the Piper court claimed that part of the value of the doctrine was its flexibility, the current standards are a little too flexible, and allow courts to dismiss cases brought by foreign plaintiffs too easily. American courts should take responsibility for enforcing justice where justice is due, instead of continuously worrying about how many cases are on the docket."
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