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Forum Non ConveniensHistory, Global Practice, and Future under the Hague Convention on Choice of Court Agreements$
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Ronald A. Brand and Scott R. Jablonski

Print publication date: 2007

Print ISBN-13: 9780195329278

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780195329278.001.0001

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Similarities and Differences in Common Law Forum Non Conveniens Doctrine

Similarities and Differences in Common Law Forum Non Conveniens Doctrine

Chapter:
(p.101) CHAPTER 6 Similarities and Differences in Common Law Forum Non Conveniens Doctrine
Source:
Forum Non Conveniens
Author(s):

Ronald A. Brand

Scott R. Jablonski

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195329278.003.0006

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.

Keywords:   forum non conveniens, declining jurisdiction, discretion, burden of proof, private interest factors

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