Forum Conveniens: The Search for a Convenient Forum in Transnational Cases

26 Pages Posted: 26 Jan 2013 Last revised: 13 Feb 2013

Donald Earl Childress III

Pepperdine University School of Law

Date Written: 2012

Abstract

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.

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, K41

Suggested Citation

Childress III, Donald Earl, Forum Conveniens: The Search for a Convenient Forum in Transnational Cases (2012). Virginia Journal of International Law, Vol. 53, No. 1, p. 157, 2012; Pepperdine University Legal Studies Research Paper No. 2013/8. Available at SSRN: https://ssrn.com/abstract=2206959

Donald Earl Childress III (Contact Author)

Pepperdine University School of Law ( email )

24255 Pacific Coast Highway
Malibu, CA 90263
United States
310-506-4807 (Phone)

HOME PAGE: http://www.law.pepperdine.edu/academics/faculty/childress.html

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