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Forum Non Conveniens
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Book Synopsis Forum Non Conveniens by : Ronald A. Brand
Download or read book Forum Non Conveniens written by Ronald A. Brand and published by Oxford University Press. This book was released on 2007-07-27 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: With increased international trade transactions and a corresponding increase in disputes arising from those transactions, the application of the doctrine of Forum Non Conveniens - the discretionary power of a court to decline jurisdiction based on the convenience of the parties and the interests of justice - has become extremely relevant when determining which country's court should preside over a controversy involving nationals of different countries. Forum Non Conveniens: History, Global Practice, and Future Under the Hague Convention on Choice of Court Agreements provides an in-depth analysis of the common law doctrine of Forum Non Conveniens as it has evolved in the four major common law countries (UK, US, Canada, and Australia), and looks at the similarities and differences of the doctrine among those four countries. It compares Forum Non Conveniens to the more rigid analogous doctrine of Lis Alibi Pendens found in civil law countries, which requires automatic deference to the court where a dispute is first filed and explains current initiatives for coordinating jurisdictional issues between the common law and civil law systems, the most important of which is the 2005 Hague Convention on Choice of Court Agreements. The authors explain how the Hague Convention provides a rational approach to the confluence of common law and civil law doctrines and how its application to international transactions is likely to temper judicial application of the doctrine of Forum Non Conveniens and provides greater predictability with respect to enforcement of private party choice of court agreements. Forum Non Conveniens: History, Global Practice, and Future Under the Hague Convention on Choice of Court Agreements is the only book to provide a complete explanation of Forum Non Conveniens in the context of global litigation, making it a very important resource and reference work.
Book Synopsis Forum (Non) Conveniens in England by : Ardavan Arzandeh
Download or read book Forum (Non) Conveniens in England written by Ardavan Arzandeh and published by Bloomsbury Publishing. This book was released on 2018-12-27 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: The forum (non) conveniens doctrine provides the basis for the discretionary exercise of jurisdiction by English courts in private international law disputes. London's pre-eminence as a centre for international commercial litigation has led to its frequent deployment in proceedings where parties disagree over where a case should be heard. The doctrine's significance is not limited to England but extends to many Commonwealth jurisdictions which have embraced it. This is the first book-length study devoted entirely to examining the forum (non) conveniens doctrine's past, present, and future from the perspective of the law in England. By offering a meticulous and critical analysis of relevant historical and contemporary sources in England and elsewhere, it seeks to fill gaps in relevant knowledge of the English forum (non) conveniens doctrine, and challenge certain views concerning its operation that have come to be regarded as representing the orthodoxy. In this respect, the book attempts to refine our understanding of the doctrine's historical development, evaluate its application in the years following its formal recognition in England, and examine the case for revising it, given the changing nature of international commercial litigation in recent decades. The book's ultimate objective is to act as an authoritative and comprehensive reference point for those with an interest in the forum (non) conveniens doctrine, more specifically, and cross-border private litigation, more generally.
Book Synopsis Forum Non Conveniens in the Modern Age: A Comparative and Methodological Analysis of Anglo-American Law by : Michael Karayanni
Download or read book Forum Non Conveniens in the Modern Age: A Comparative and Methodological Analysis of Anglo-American Law written by Michael Karayanni and published by BRILL. This book was released on 2021-11-22 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book’s compelling thesis is that the role of the forum non conveniens should be strengthened and even enhanced, particularly in light of modern advancements such as Internet transactions, efficient jet travel and telecommunications facilitating transfer of documents and testimony. Karayanni argues, more importantly, that in order to face technological complexities, the forum non conveniens doctrine needs to undergo a basic transformation. He proposes that American and English law doctrines similar to the forum non conveniens, like the reasonableness test and the forum conveniens doctrine, be integrated. Published under the Transnational Publishers imprint.
Book Synopsis Doctrine of Forum Non Conveniens in the Federal Courts by : Robert William Botts
Download or read book Doctrine of Forum Non Conveniens in the Federal Courts written by Robert William Botts and published by . This book was released on 1933 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Forum (Non) Conveniens in England by : Ardavan Arzandeh
Download or read book Forum (Non) Conveniens in England written by Ardavan Arzandeh and published by Bloomsbury Publishing. This book was released on 2018-12-27 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: The forum (non) conveniens doctrine provides the basis for the discretionary exercise of jurisdiction by English courts in private international law disputes. London's pre-eminence as a centre for international commercial litigation has led to its frequent deployment in proceedings where parties disagree over where a case should be heard. The doctrine's significance is not limited to England but extends to many Commonwealth jurisdictions which have embraced it. This is the first book-length study devoted entirely to examining the forum (non) conveniens doctrine's past, present, and future from the perspective of the law in England. By offering a meticulous and critical analysis of relevant historical and contemporary sources in England and elsewhere, it seeks to fill gaps in relevant knowledge of the English forum (non) conveniens doctrine, and challenge certain views concerning its operation that have come to be regarded as representing the orthodoxy. In this respect, the book attempts to refine our understanding of the doctrine's historical development, evaluate its application in the years following its formal recognition in England, and examine the case for revising it, given the changing nature of international commercial litigation in recent decades. The book's ultimate objective is to act as an authoritative and comprehensive reference point for those with an interest in the forum (non) conveniens doctrine, more specifically, and cross-border private litigation, more generally.
Book Synopsis Resolving Conflicts in the Law by : Chiara Giorgetti
Download or read book Resolving Conflicts in the Law written by Chiara Giorgetti and published by Brill Nijhoff. This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Resolving Conflicts in the Law, edited by Chiara Giorgetti and Natalie Klein, honours the significant intellectual contribution of Professor Lea Brilmayer with essays from leading scholars and practitioners on conflicts of law and public international law.
Book Synopsis Private International Law in Commonwealth Africa by : Richard Frimpong Oppong
Download or read book Private International Law in Commonwealth Africa written by Richard Frimpong Oppong and published by Cambridge University Press. This book was released on 2013-09-12 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive and in-depth analysis of how courts in the countries of Commonwealth Africa decide claims under private international law.
Book Synopsis Reviewing Domestic and Global Choice of Forum Doctrine Through a Single Case by : Richard D. Freer
Download or read book Reviewing Domestic and Global Choice of Forum Doctrine Through a Single Case written by Richard D. Freer and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Piper Aircraft Co. v. Reyno is the Supreme Court's leading case on forum non conveniens - that is, on when a federal court should dismiss a pending case in favor of litigation in a foreign forum. Every casebook features the case and every civil procedure professor has taught it. The greatest value of Piper, however, is not its discussion of forum non conveniens, but its fact pattern, which provides an unparalleled vehicle for reviewing a startling number of doctrines pertaining to domestic forum selection, including personal jurisdiction under the stream-of-commerce theory, subject matter jurisdiction based upon diversity of citizenship and alienage, venue, transfer of venue, choice-of-law, as well as statutory interpretation. In addition, its treatment of forum non conveniens raises profound questions about the role of American courts in global perspective. Piper thus accomplishes more than any other single case in the civil procedure course, while emphasizing the importance of forum selection; where litigation proceeds is an issue of surpassing importance, on which litigants will expend great resources.
Book Synopsis Foreign Plaintiffs in Products Liability Actions by : Warren Freedman
Download or read book Foreign Plaintiffs in Products Liability Actions written by Warren Freedman and published by Praeger. This book was released on 1988-03-30 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is directed at practical applications and case law support for invoking forum non conveniens. It begins with a basic discussion of the evolution of the doctrine. The balance of the book is devoted to applying appropriate case law to a variety of situations. Likely opposing arguments, public policy notions, and the relationship of forum non conveniens to jurisdiction and venue are also considered. Virginia Journal of International Law American multinational corporations face a unique problem with regard to products liability litigation instituted by foreign plaintiffs. In many cases, plaintiffs outside the U.S. file suits in U.S. courts despite the fact that the incident on which the suit is based took place in other countries. Such action is often taken because of features peculiar to the U.S. legal system, including the doctrine of strict liability, the availability of contingency fees for attorneys, and the prevalence of large awards to individuals in products liability cases. This informative study by a legal professional and products liability specialist focuses on a doctrine that can lessen liability exposure for multinational corporations. By successfully petitioning the courts under the doctrine of forum non conveniens, corporations may have court proceedings transferred to another jurisdiction, often outside the U.S., which has a direct connection with the incident and where potential liability exposure is greatly reduced. Following an introductory discussion of the evolution of this doctrine, Freedman documents its use with appropriate case law in a wide variety of situations.
Download or read book Civil Trials Bench Book written by and published by . This book was released on 2007 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides guidance for judicial officer in the conduct of civil proceedings, from preliminary matters to the conduct of final proceedings and the assessment of damages and costs. It contains concise statements of relevant legal principles, references to legislation, sample orders for judicial official to use where suitable and checklists applicable to various kinds of issues that arise in the course of managing and conducting civil litigation.
Book Synopsis Forum Non Conveniens in the Modern Age by : Michael Mousa Karayanni
Download or read book Forum Non Conveniens in the Modern Age written by Michael Mousa Karayanni and published by Brill Nijhoff. This book was released on 2004 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally intended to protect parties from the overreaching power of a forum-state, the doctrine of forum non conveniens has come to a cross-roads: because of modern technology, should its use be limited, or should it be enhanced?
Book Synopsis After the Nation-state by : Mathew Horsman
Download or read book After the Nation-state written by Mathew Horsman and published by . This book was released on 1994 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traces the genesis of the nation-state, its rise as a form of organization and its expansion from Europe to America, Asia and Africa. Drawing on historical, economic and political analysis of the nation-state and its enemies, the authors argue that the time has come for a reappraisal of its role.
Book Synopsis The Federal Doctrine of Forum Non Conveniens in the United States by : Giuseppe De Palo
Download or read book The Federal Doctrine of Forum Non Conveniens in the United States written by Giuseppe De Palo and published by . This book was released on 1995 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Florida Appellate Practice by : Philip J. Padovano
Download or read book Florida Appellate Practice written by Philip J. Padovano and published by West Group Publishing. This book was released on 2002-01 with total page 940 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Chinese Contract Law - Theory & Practice, Second Edition by : Mo Zhang
Download or read book Chinese Contract Law - Theory & Practice, Second Edition written by Mo Zhang and published by BRILL. This book was released on 2019-12-16 with total page 495 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chinese Contract Law (2nd Ed) contains the latest developments of contract legislation, adjudication and practices in China and provides all information necessary to comprehend contemporary Chinese contract law.
Book Synopsis The Case for an International Court of Civil Justice by : Maya Steinitz
Download or read book The Case for an International Court of Civil Justice written by Maya Steinitz and published by . This book was released on 2019 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: An International Court of Civil Justice would give victims of multinationals a day in court while offering corporate defendants a cheaper, fairer litigation alternative.
Author :International Association of Procedural Law Publisher :Kluwer Law International B.V. ISBN 13 :9041112472 Total Pages :386 pages Book Rating :4.0/5 (411 download)
Book Synopsis Abuse of Procedural Rights:Comparative Standards of Procedural by : International Association of Procedural Law
Download or read book Abuse of Procedural Rights:Comparative Standards of Procedural written by International Association of Procedural Law and published by Kluwer Law International B.V.. This book was released on 1999-11-25 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a very meaningful way, the health of a judicial system may be judged by the care with which its procedural rights are observed. Now, in a book that takes stock of this important element as it is currently used or abused in a number of the world's legal systems, eighteen outstanding scholars approach the subject through an analysis of the following factors: the theoretical and moral implications of procedural abuses the subjects who commit them the typologies of abusive practices the consequences of abusive practices Several authors report on practices in their own countries, revealing distinct evidence of a significant degree of lowered procedural standards in the United States, several European countries, Australia, Japan, and Latin America. General and final reports provide a comparative framework for an analytical study that will repay the study of anyone concerned with the fairness of our legal institutions.
