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Comparative Forum Non Conveniens and the Hague Judgments Convention


Ronald A. Brand


University of Pittsburgh - School of Law

2002

Texas International Law Journal, Vol. 37, pp. 467-498, 2002
U. of Pittsburgh Legal Studies Research Paper Series

Abstract:     
This article begins with a discussion of the application of the forum non conveniens doctrine in four common law legal systems. It then briefly notes related concepts applied in the courts of two civil law systems. This discussion is followed in Part IV by a brief history of the negotiations at the Hague Conference on Private International Law for a Convention on Jurisdiction and Foreign Judgments in Civil and Commercial Matters and a review of Articles 21 and 22 of the Interim Text of that Convention created at the June 2001 portion of the Diplomatic Conference. This review allows conclusions dealing with both the role of the forum non conveniens doctrine in contemporary transnational litigation and the effort to bring traditional common law and civil law approaches to parallel litigation closer together.

Number of Pages in PDF File: 32

Keywords: forum non conveniens, common law legal systems, civil law legal systems, Hague Conference on Private International Law, Convention on Jurisdiction and Foreign Judgments in Civil and Commercial Matters, transnational litigation, recognition, enforcement, parallel litigation, judicial cooperation

JEL Classification: K19, K33

Accepted Paper Series


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Date posted: August 10, 2008 ; Last revised: January 9, 2014

Suggested Citation

Brand, Ronald A., Comparative Forum Non Conveniens and the Hague Judgments Convention (2002). Texas International Law Journal, Vol. 37, pp. 467-498, 2002; U. of Pittsburgh Legal Studies Research Paper Series. Available at SSRN: http://ssrn.com/abstract=1214602

Contact Information

Ronald A. Brand (Contact Author)
University of Pittsburgh - School of Law ( email )
3900 Forbes Ave.
Pittsburgh, PA 15260
United States

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