Forum non conveniens: Difference between revisions
Amwelladmin (talk | contribs) Created page with "{{a|boilerplate|}}Forum non conveniens (linguistic ninjas might have deduced this is {{t|Latin}} for “an inconvenient forum”]) is a common law doctrine through which a cou..." |
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{{a|boilerplate|}}Forum non conveniens (linguistic | {{a|boilerplate|}}Forum non conveniens (linguistic [[ninja]]s might have deduced this is {{t|Latin}} for “an [[inconvenient forum]]”) is a common law doctrine through which a court refuses to hear a case because there is another forum or court that would be better to hear it. Unless there is some international convention at play, the first court can’t transfer the proceedings to tge other court, but just strikes them out and invites the counterparties to have at it if they so choose. | ||
This is the basis for the [[boilerplate]] in your governing law clause that neither party objects to the choice of law or jurisdiction on the grounds that it is not a convenient forum. Because if you are dealing with foreigners, and you have selected English law as your governing courts, it won’t do for some Italian to try to move the proceedings to Palermo where, for example, rules about service of process are fiddly. Or something. | This is the basis for the [[boilerplate]] in your governing law clause that neither party objects to the choice of law or jurisdiction on the grounds that it is not a convenient forum. Because if you are dealing with foreigners, and you have selected English law as your governing courts, it won’t do for some Italian to try to move the proceedings to Palermo where, for example, rules about service of process are fiddly. Or something. | ||
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*[[Jurisdiction]] | *[[Jurisdiction]] | ||
*[[Process Agent]] | *[[Process Agent]] | ||
{{c2|Latin|Litigation}} | |||
Revision as of 06:52, 28 July 2022
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Boilerplate Anatomy™
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Forum non conveniens (linguistic ninjas might have deduced this is Latin for “an inconvenient forum”) is a common law doctrine through which a court refuses to hear a case because there is another forum or court that would be better to hear it. Unless there is some international convention at play, the first court can’t transfer the proceedings to tge other court, but just strikes them out and invites the counterparties to have at it if they so choose.
This is the basis for the boilerplate in your governing law clause that neither party objects to the choice of law or jurisdiction on the grounds that it is not a convenient forum. Because if you are dealing with foreigners, and you have selected English law as your governing courts, it won’t do for some Italian to try to move the proceedings to Palermo where, for example, rules about service of process are fiddly. Or something.