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Forum Non Conveniens - History, Global Practice, and Future under the Hague Convention on Choice of Court Agreements (Hardcover, New)
Loot Price: R4,368
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Forum Non Conveniens - History, Global Practice, and Future under the Hague Convention on Choice of Court Agreements (Hardcover, New)
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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 Choiceof 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.
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