Forum Conveniens: The Search for a Convenient Forum in Transnational Cases
Donald Earl Childress III
Pepperdine University School of Law
Virginia Journal of International Law, Vol. 53, No. 1, p. 157, 2012
Pepperdine University Legal Studies Research Paper No. 2013/8
This Article examines the forum non conveniens doctrine as it is applied by federal courts and state courts in present-day transnational litigation. The Article also explores what happens when the doctrine is invoked in cases involving foreign sovereigns. The Article uncovers empirical evidence suggesting increased use of the forum non conveniens doctrine by courts. Unfortunately, this increased use does not come with clear standards for application. After considering the underlying rationales for the doctrine and whether they are effectuated by the current doctrine’s usage in transnational cases, the Article proposes a new series of rules and factors to be balanced by courts when asked to apply the doctrine.
Number of Pages in PDF File: 26
Keywords: public international law, choice of law, conflict of laws, private international law, civil procedure, forum non conveniens, transnational litigation, forum shopping
JEL Classification: K10, K33, K41Accepted Paper Series
Date posted: January 26, 2013 ; Last revised: February 13, 2013
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