Ronald A. Brand and Scott R. Jablonski
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780195329278
- eISBN:
- 9780199855346
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195329278.003.0008
- Subject:
- Law, Private International Law
This chapter reviews the work on a global convention on jurisdiction and judgments at the Hague Conference on Private International Law. In particular, it seeks to save for future consideration the ...
More
This chapter reviews the work on a global convention on jurisdiction and judgments at the Hague Conference on Private International Law. In particular, it seeks to save for future consideration the compromise reached in those negotiations on application of the discretionary common law doctrine of forum non conveniens and the strict civil law doctrine of lis pendens. It also considers work on related issues done by the American Law Institute and the International Institute for the Unification of Private Law (UNIDROIT).Less
This chapter reviews the work on a global convention on jurisdiction and judgments at the Hague Conference on Private International Law. In particular, it seeks to save for future consideration the compromise reached in those negotiations on application of the discretionary common law doctrine of forum non conveniens and the strict civil law doctrine of lis pendens. It also considers work on related issues done by the American Law Institute and the International Institute for the Unification of Private Law (UNIDROIT).
Ronald A. Brand and Scott R. Jablonski
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780195329278
- eISBN:
- 9780199855346
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195329278.003.0003
- Subject:
- Law, Private International Law
This chapter details the history of the development of the doctrine of forum non conveniens in the United States, demonstrating an early inclination to allow judicial discretion to decline ...
More
This chapter details the history of the development of the doctrine of forum non conveniens in the United States, demonstrating an early inclination to allow judicial discretion to decline jurisdiction when there is a more appropriate forum in another jurisdiction. It traces the major cases in the U.S. Supreme Court, and reviews the application of the doctrine in lower courts. It also considers the impact on the doctrine of transfer rules within the federal court system, the relationship between the development of the doctrine in federal courts and in state courts, the relationship of the doctrine to basic issues of jurisdiction, and the difference (if any) in application of the doctrine when the plaintiff is local or foreign.Less
This chapter details the history of the development of the doctrine of forum non conveniens in the United States, demonstrating an early inclination to allow judicial discretion to decline jurisdiction when there is a more appropriate forum in another jurisdiction. It traces the major cases in the U.S. Supreme Court, and reviews the application of the doctrine in lower courts. It also considers the impact on the doctrine of transfer rules within the federal court system, the relationship between the development of the doctrine in federal courts and in state courts, the relationship of the doctrine to basic issues of jurisdiction, and the difference (if any) in application of the doctrine when the plaintiff is local or foreign.
Ronald A. Brand and Scott R. Jablonski
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780195329278
- eISBN:
- 9780199855346
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195329278.003.0007
- Subject:
- Law, Private International Law
This chapter considers whether civil law jurisdictions of the world have doctrines that allow courts the discretion to decline to exercise jurisdiction when it otherwise exists. Particular attention ...
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This chapter considers whether civil law jurisdictions of the world have doctrines that allow courts the discretion to decline to exercise jurisdiction when it otherwise exists. Particular attention is given to Germany, Japan, and the rules developed through the Brussels Regulation in the European Union. The development in Latin American nations of legislation designed to frustrate the application of the doctrine of forum non conveniens in the United States is also covered.Less
This chapter considers whether civil law jurisdictions of the world have doctrines that allow courts the discretion to decline to exercise jurisdiction when it otherwise exists. Particular attention is given to Germany, Japan, and the rules developed through the Brussels Regulation in the European Union. The development in Latin American nations of legislation designed to frustrate the application of the doctrine of forum non conveniens in the United States is also covered.
Ronald A. Brand and Scott R. Jablonski
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780195329278
- eISBN:
- 9780199855346
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195329278.003.0002
- Subject:
- Law, Private International Law
This chapter sets out the history of the development of the doctrine of forum non conveniens in the United Kingdom, from its creation in Scotland to its current day status in the United Kingdom. It ...
More
This chapter sets out the history of the development of the doctrine of forum non conveniens in the United Kingdom, from its creation in Scotland to its current day status in the United Kingdom. It reviews the major cases that have developed the doctrine, explains the current approach in U.K. courts, and details the impact of the European Union's Brussels Regulation on jurisdiction and the recognition and enforcement of judgments on the application of the doctrine in the United Kingdom.Less
This chapter sets out the history of the development of the doctrine of forum non conveniens in the United Kingdom, from its creation in Scotland to its current day status in the United Kingdom. It reviews the major cases that have developed the doctrine, explains the current approach in U.K. courts, and details the impact of the European Union's Brussels Regulation on jurisdiction and the recognition and enforcement of judgments on the application of the doctrine in the United Kingdom.
Ronald A. Brand and Scott R. Jablonski
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780195329278
- eISBN:
- 9780199855346
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195329278.003.0006
- Subject:
- Law, Private International Law
This chapter provides a detailed comparison of the doctrines of forum non conveniens as applied in the four common law jurisdictions considered in Chapters 2-5. It reviews the basic requirements of ...
More
This chapter provides a detailed comparison of the doctrines of forum non conveniens as applied in the four common law jurisdictions considered in Chapters 2-5. It reviews the basic requirements of the doctrine in each country and catalogues similarities and differences dealing with the requirement of an available alternative forum, allocation of the burden of proof, consideration of private interest factors, levels of trail court discretion, the ability to impose conditions on a stay or dismissal, and the treatment of foreign plaintiffs.Less
This chapter provides a detailed comparison of the doctrines of forum non conveniens as applied in the four common law jurisdictions considered in Chapters 2-5. It reviews the basic requirements of the doctrine in each country and catalogues similarities and differences dealing with the requirement of an available alternative forum, allocation of the burden of proof, consideration of private interest factors, levels of trail court discretion, the ability to impose conditions on a stay or dismissal, and the treatment of foreign plaintiffs.
Ronald A. Brand and Scott R. Jablonski
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780195329278
- eISBN:
- 9780199855346
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195329278.003.0009
- Subject:
- Law, Private International Law
This chapter reviews the impact of the rules of the 2005 Hague Convention on Choice of Court Agreements on the application of the doctrine of forum non conveniens. In particular, it addresses the ...
More
This chapter reviews the impact of the rules of the 2005 Hague Convention on Choice of Court Agreements on the application of the doctrine of forum non conveniens. In particular, it addresses the intersection of law dealing with choice of forum and the discretionary doctrine of forum non conveniens. It demonstrates a strong rationale for ratification of the 2005 Convention.Less
This chapter reviews the impact of the rules of the 2005 Hague Convention on Choice of Court Agreements on the application of the doctrine of forum non conveniens. In particular, it addresses the intersection of law dealing with choice of forum and the discretionary doctrine of forum non conveniens. It demonstrates a strong rationale for ratification of the 2005 Convention.
Ronald A. Brand and Scott R. Jablonski
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780195329278
- eISBN:
- 9780199855346
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195329278.003.0004
- Subject:
- Law, Private International Law
This chapter details the history of the development of the doctrine of forum non conveniens in Canada, from early primary reliance on UK law to a modern doctrine that overlaps with decisions on ...
More
This chapter details the history of the development of the doctrine of forum non conveniens in Canada, from early primary reliance on UK law to a modern doctrine that overlaps with decisions on jurisdiction simpliciter and the analysis of anti-suit injunctions. It also covers the adoption of the common law doctrine of forum non conveniens in the civil law code of the Province of Quebec.Less
This chapter details the history of the development of the doctrine of forum non conveniens in Canada, from early primary reliance on UK law to a modern doctrine that overlaps with decisions on jurisdiction simpliciter and the analysis of anti-suit injunctions. It also covers the adoption of the common law doctrine of forum non conveniens in the civil law code of the Province of Quebec.
Ronald A. Brand and Scott R. Jablonski
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780195329278
- eISBN:
- 9780199855346
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195329278.003.0001
- Subject:
- Law, Private International Law
This chapter provides an overview of the doctrine of forum non conveniens as it is applied in the four principal common law jurisdictions: the United Kingdom, the United States, Canada, and ...
More
This chapter provides an overview of the doctrine of forum non conveniens as it is applied in the four principal common law jurisdictions: the United Kingdom, the United States, Canada, and Australia. It outlines the chapters to follow and gives the reader an idea of the purpose of the book.Less
This chapter provides an overview of the doctrine of forum non conveniens as it is applied in the four principal common law jurisdictions: the United Kingdom, the United States, Canada, and Australia. It outlines the chapters to follow and gives the reader an idea of the purpose of the book.
Ronald A. Brand and Scott R. Jablonski
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780195329278
- eISBN:
- 9780199855346
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195329278.003.0005
- Subject:
- Law, Private International Law
This chapter details the history of the development of the doctrine of forum non conveniens in Australia, including the movement away from strict application of UK precedent to the development or ...
More
This chapter details the history of the development of the doctrine of forum non conveniens in Australia, including the movement away from strict application of UK precedent to the development or Australia's own “clearly inappropriate forum” test.Less
This chapter details the history of the development of the doctrine of forum non conveniens in Australia, including the movement away from strict application of UK precedent to the development or Australia's own “clearly inappropriate forum” test.
Ronald A. Brand and Scott R. Jablonski
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780195329278
- eISBN:
- 9780199855346
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195329278.001.0001
- Subject:
- Law, Private International Law
This book provides a comprehensive comparative review of the common law doctrine of forum non conveniens as it is practiced and applied in the United Kingdom, the United States, Canada, and ...
More
This book provides a comprehensive comparative review of the common law doctrine of forum non conveniens as it is practiced and applied in the United Kingdom, the United States, Canada, and Australia. The authors catalogue the similarities and distinctions among the common law countries in which the doctrine is applied, and compare the doctrine to related procedures in civil law jurisdictions. The book then extends the analysis of parallel litigation issues addressed in the doctrine of forum non conveniens by considering the work of delegations to the Hague Conference on Private International Law who worked to draft a global convention on jurisdiction and the recognition and enforcement of judgments. The authors capture for historical analysis the important compromises made in the draft convention on jurisdiction and judgments between the discretion allowed courts in the common law doctrine of forum non conveniens and the rigid practice of civil law courts in the application of their doctrine of lis alibi pendens. Finally, attention is given to the way in which the 2005 Hague Convention on Choice of Court Agreements will affect the application of the doctrine of forum non conveniens when parties have entered into an exclusive choice of court agreement.Less
This book provides a comprehensive comparative review of the common law doctrine of forum non conveniens as it is practiced and applied in the United Kingdom, the United States, Canada, and Australia. The authors catalogue the similarities and distinctions among the common law countries in which the doctrine is applied, and compare the doctrine to related procedures in civil law jurisdictions. The book then extends the analysis of parallel litigation issues addressed in the doctrine of forum non conveniens by considering the work of delegations to the Hague Conference on Private International Law who worked to draft a global convention on jurisdiction and the recognition and enforcement of judgments. The authors capture for historical analysis the important compromises made in the draft convention on jurisdiction and judgments between the discretion allowed courts in the common law doctrine of forum non conveniens and the rigid practice of civil law courts in the application of their doctrine of lis alibi pendens. Finally, attention is given to the way in which the 2005 Hague Convention on Choice of Court Agreements will affect the application of the doctrine of forum non conveniens when parties have entered into an exclusive choice of court agreement.