Forum Non Conveniens
History, Global Practice, and Future under the Hague Convention on Choice of Court Agreements
Brand, Ronald A.,
Professor of Law and Director of Center for International Legal Education,
University of Pittsburgh School of Law
Jablonski, Scott R.,
The Law Firm of Scott R. Jablonski, P.L., Miami Beach, Florida
Print publication date: 2007
Published to Oxford Scholarship Online: January 2009 Print ISBN-13: 978-0-19-532927-8 doi:10.1093/acprof:oso/9780195329278.001.0001 |
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Abstract:
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.
Keywords: forum non conveniens, lis pendens, parallel litigation, jurisdiction, judicial discretion, declining jurisdiction, Hague Convention on Choice of Court Agreements, Brussels Regulation Table of Contents
Preface
CHAPTER 1.
Common Law Forum Non Conveniens: Four Countries, Four Approaches
CHAPTER 2.
The United Kingdom
CHAPTER 3.
The United States
CHAPTER 4.
Canada
CHAPTER 5.
Australia
CHAPTER 6.
Similarities and Differences in Common Law Forum Non Conveniens Doctrine
CHAPTER 7.
Related Doctrines in Civil Law Systems
CHAPTER 8.
The Global Search for a Convention on Jurisdiction and Judgments and Related Projects Addressing Lis Pendens and Declining Jurisdiction
CHAPTER 9.
The Future for Now: Forum Non Conveniens and the 2005 Hague Convention on Choice of Court Agreements
Appendix
Index
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