Forum Non Conveniens

Forum non conveniens is a judge-made doctrine that permits a court to decline to hear a case on the understanding that it would be more appropriately resolved by a different sovereign’s courts. The doctrine is used by both state and federal courts in the United States to dismiss cases with transnational elements, particularly those brought by non-U.S. plaintiffs.

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Throwback Thursday: The Legacy of Paxton Blair

Paxton Blair, a New York attorney practicing in the 1920s, has influenced American law to an extent most law professors can only dream of. His 1929 Columbia Law Review article, The Doctrine of Forum Non Conveniens in Anglo-American Law, introduced the term “forum non conveniens” to the United States. (As he noted, only a few…

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A Primer on State Law in Transnational Litigation

[Editors: This post is one in a series of Primers on topics in transnational litigation. Primers on each of the topics listed in the Topics menu are planned, and some already appear on the relevant topic pages.] The procedural and substantive rules that U.S. courts apply in transnational litigation come from many sources, including the…

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How Do Federal Courts Treat Foreign Parallel Litigation?

The Supreme Court has not explained how federal judges should evaluate parallel litigation in foreign courts. If the same parties are litigating the same issues before a foreign tribunal, should the federal court stay its hand? Or should it proceed until one or the other of the cases results in a judgment? The traditional European…

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William S. Dodge, Maggie Gardner, & Christopher A. Whytock, The Many State Doctrines of Forum Non Conveniens, 72 Duke L.J. (forthcoming 2023) (SSRN)

Maggie Gardner, Retiring Forum Non Conveniens, 92 N.Y.U. L. Rev. 390 (2017) (SSRN)

Peter B. Rutledge, With Apologies to Paxton Blair, 45 N.Y.U. J. Int’l L. & Pol. 1063 (2013) (Georgia)

Thomas O. Main, Toward a Law of “Lovely Parting Gifts”: Conditioning Forum Non Conveniens Dismissals, 18 Sw. J. Int’l L. 425 (2012) (UNLV)

Christopher A. Whytock, The Evolving Forum Shopping System, 96 Cornell L. Rev. 390 (2011) (SSRN)

Ronald A. Brand & Scott R. Jablonski, Forum Non Conveniens: History, Global Practice, and Future under the Hague Convention on Choice of Court Agreements (2007)

Elizabeth T. Lear, National Interests, Foreign Injuries, and Federal Forum Non Conveniens, 41 U.C. Davis L. Rev. 559 (2007) (Florida)

Martin Davies, Time to Change the Forum Non Conveniens Analysis, 77 Tulane L. Rev. 309 (2002)

Allan R. Stein, Forum Non Conveniens and the Redundancy of Court Access Doctrine, 133 U. Pa. L. Rev. 781 (1985)