Forum Non Conveniens History, Global Practice, and Future under the Hague Convention on Choice of Court Agreements

Author: Ronald A. Brand; Scott R Jablonski
Publisher: Oxford University Press USA
ISBN: 9780195329278
Published In: July 2007
Format: Hardback , 358 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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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 discetionary power of a court to decline jurisdiction based on the convenience of the parties and the interests of justice - is of great relevance to threshold issues of which country's court should preside over a controversy involing nationals of difference countries.

Forum Non Conveniens: History, Global Practice, and Future under the Hague Convention 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). The book also analyses 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 provide greater predictability with respect to enforcement of private party choice of court agreements.

Coverage of the most important recent development on jurisdiction and venue in private international law disputes - the 2005 Hague Convention on Choice of Court Agreements, written by one of the U.S. Delegates to the commission
Provides the only complete explanation of Forum Non Conveniens doctrine in common law countries, with an analysis of the similarities and differences among them
Clearly and expertly explains the differences between common law and civil law doctrines and the initiatives to coordinate them

Preface
1: Common Law Forum Non Conveniens: Four Countries, Four Apporaches
2: United Kingdom
3: United States
4: Canda
5: Australia
6: Similarities and Differences in Common Law Forum Non Conveniens Doctrine
7: Related Doctrines in Civil Law Systems
8: Global Search for Convention on Jurisdiction and Judgments and Related Projects Addressing Lis Pendens and Declining Jurisdiction
9: Future for Now: Forum Non Conveniens and the 2005 Hague Convention on Choice of Court Agreements
Appendices of Hague Convention Texts and 2005 Convention on Choice of Court Agreements

Ronald A. Brand, Professor of Law and Director of Center for International Legal Education, University of Pittsburgh, and Scott R. Jablonski, Managing Partner, The Law Firm of Scott R. Jablonski, P.L., United States