forum non conveniens


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forum non conveniens

(for-uhm nahn cahn-veen-nee-ehns) n. Latin for a forum which is not convenient. This doctrine is employed when the court chosen by the plaintiff (the party suing) is inconvenient for witnesses or poses an undue hardship on the defendants, who must petition the court for an order transferring the case to a more convenient court. A typical example is a lawsuit arising from an accident involving an out-of-state resident who files the complaint in his/her home state (or in the defendant driver's home state), when the witnesses and doctors who treated the plaintiff are in the state where the accident occurred, which makes the latter state the most convenient location for trial.

forum non conveniens

noun better alternative forum available, better choice of jurisdictions, in appropriate forum, inconvenient forum, more appropriate court, more convenient court
Associated concepts: forum shopping, lex fori, lis alibi pendens

forum non conveniens

in private international law, the doctrine that allows a court to decline its own jurisdiction because there is another jurisdiction that can more conveniently try the case.
References in periodicals archive ?
proceedings on forum non conveniens grounds, which involves distinct but
likely to dismiss a case for forum non conveniens if the case involves a
The enforcement of non-exclusive clauses is not subject to a distinct jurisdictional test; rather, these clauses are considered as one of the factors in the forum non conveniens analysis by either the nominated or non-nominated court.
But after 10 years of court proceedings, the Nevada State Supreme Court threw out the case for forum non conveniens, meaning the US was a wrong jurisdiction to hear it.
Examples of such decisions include those addressing where the principal conduct at issue is centered for purposes of the Foreign Sovereign Immunities Act ("FSLA"); the presumption against extraterritorial application of United States statutory law; personal jurisdiction over foreign defendants; and the doctrine of forum non conveniens.
The doctrine of forum non conveniens (or any similar doctrine) does not apply in favor of courts of another state.
The Court held that the state rule of forum non conveniens applied
of forum non conveniens to cases falling within the Brussels I
Furthermore, the District Court also dismissed Erste Group Bank AG ("Erste Bank"--a private Austrian bank that had acquired a Hungarian bank that Plaintiffs alleged had participated in the Holocaust) from suit on forum non conveniens grounds.
2) Is it an invocation of forum non conveniens, (3) or a "private expression" of "venue preferences," (4) or--as the Supreme Court recently suggested in Atlantic Marine Construction Co.
After looking at the relevance of recent changes in personal jurisdiction law for ATS suits, the Article will examine statutes of limitations and tolling rules, forum non conveniens, exhaustion of remedies, and comity.

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