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

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 ?
The principle of forum non conveniens (inconvenient forum) has become a self-serving instrument through which corporations, even those potentially liable for egregious human rights violations, have strategically but questionably ousted the jurisdiction of US courts to those of other less punitive countries.
The forum non conveniens ("FNC") doctrine allows a federal court to dismiss a case from the U.S.
The topics include choice-of-law as geographic scope limitation, forum non conveniens: recent developments at the intersection of public and private international law, whether international mass claims commissions are the right mechanisms to provide redress to individuals injured under international law, the Eritrea-Ethiopia Claims Commission's partial awards on Eritrea's and Ethiopia's diplomatic claims, and the misinterpretation and misapplication of the minimum standard of international law.
The Superior Court judge allowed the defendant's motion to dismiss on forum non conveniens grounds based on the judge's conclusion that the agreement was a contract of adhesion.
We also explore the moderating influence of other doctrines, such as reasonableness, venue transfer, and forum non conveniens, on the expanded reach of our national-contacts test.
The opinion cited the large number of complex cases handled by the Third DCA, including "complex business litigation, class actions, forum non conveniens, tobacco liability cases, bad-faith insurance claims, and public development," and that the Third has double the number of oral arguments of other district courts.
proceedings on forum non conveniens grounds, which involves distinct but
TEPCO also argued that, given Japan's extensive efforts to compensate FNPP victims, the SAC should be dismissed under the doctrines of international comity or forum non conveniens. TEPCO further contended that the so-called firefighter's rule, which bars first responders from suing those who cause the emergency to which they respond, barred Plaintiffs' claims.
likely to dismiss a case for forum non conveniens if the case involves a
It goes on to outline the jurisdictional approach adopted by the arrangement: in particular its treatment of forum non conveniens and choice of court agreements.
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.

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