VÝVOJ DOKTRÍNY FORUM NON-CONVENIENS V JUDIKATUŘE NEJVYŠŠÍHO SOUDU USA
| Title in English | Development of the Doctrine Forum Shopping in Case-Law of the Supreme Court of the USA |
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| Authors | |
| Year of publication | 2009 |
| Type | Article in Proceedings |
| Conference | Historie mezinárodního práva soukromého |
| MU Faculty or unit | |
| Citation | |
| Field | Law sciences |
| Keywords | rejection of the jurisdiction forum non-conveniens the U. S. Supreme Court discrimination of a foreign plaintiff judgements Gulf Oil Corp v. Gilbert Piper Aircraft v. Reyno and Union Carbide |
| Description | This paper deals with the traditional and modern concepts of the doctrine forum nonconveniens in the USA. First, the meaning of the doctrine forum non-conveniens is shortly explained. Then, the traditional and the modern concepts of the doctrine are described whereas the relevant decisions of the U. S. Supreme Court are analyzed. After that, both approaches are evaluated. It is suggested, that the modern doctrine forum non-conveniens should turn back to its roots, i.e. to the conditions of its application according to the judgement of the U. S. Supreme Court Gulf Oil Corp v. Gilbert. The model for a balanced doctrine could be the article 22 of the proposal of the Hague Convention on Jurisdiction and Foreign Judgements in civil and commercial matters. Only in this way, the doctrine can correspond to the needs of international jurisdiction of courts in the 21st century. |
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