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nonliability

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However, no stay is called for in situations where the first-filed court is not an "appropriate" forum; and the foreign proceeding is not appropriate if it operates to frustrate the otherwise "natural forum," for example, if the action is a declaration of nonliability, if the proceeding appears to be vexatious or frivolous, or if there are other persuasive reasons for accepting the burdens of parallel litigation.
Transnational litigation: is there a "field"? A tribute to Hal Maier by Silberman, Linda / Vanderbilt Journal of Transnational Law
The nonliability is based upon the theory that after the drainage the title or property interest of the former owner is gone.
The rule of capture - an oil and gas perspective by Anderson, Owen L. / Environmental Law
The foreign proceeding is not appropriate if (1) it operates to preempt the otherwise natural forum, for example by a declaration of nonliability, (55) (2) it appears to be a vexatious or frivolous proceeding, (56) or (3) if there are other compelling reasons for the action to proceed in the United States.
The impact of jurisdictional rules and recognition practice on ... by Silberman, Linda J. / Houston Journal of International Law
 
 
 
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