THESIS FORUM NON CONVENIENS

The present law provides that the courts are jurisdictionally competent in a wide range of cases, which do not all require a substantial connection between the dispute and the forum. Jackson, whereby the Court dismissed the doctrine’s application within the ambit of the Brussels I Regulation is the main focus of the thesis. Retention of the forum non conveniens principle is recommended, but the English principle is advocated as a more suitable and just approach. In particular, Australian superior courts had adopted the liberalisation of that doctrine which had taken place in England since Abstract This thesis critically analyses the Australian law of jurisdiction in private international litigation. The first part examines the procedural and constitutional context in which the principles of jurisdiction have been developed and applied.

The principles should ensure that the court is jurisdictionally competent only where it is likely to be an appropriate forum for the dispute. Abstract Until the Australian cases on the doctrine of forum non conveniens had followed the English case. Jurisdiction in international litigation is often regarded as a procedural area of law which is less important than choice of law in practical and theoretical terms. Nodes in this cluster: This thesis examines the historical origins of the doctrine, and its criteria for use as developed by English landmark judgments. Default rules of jurisdiction which are likely to indicate a strong connection between the forum and the dispute are proposed.

This thesis is intended to contribute both to a theoretical understanding of this area of law and to an understanding of its practical application.

thesis forum non conveniens

Show full item record. In particular, Australian superior courts had adopted the liberalisation of that doctrine which had taken place in England since Metadata Show full item record.

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Forum non conveniens : issues of precedent and policy

But the application of overriding mandatory rules, even where there is a jurisdictional agreement, and the courts’ wide discretion under the Australian forum non conveniens principle make it unlikely that convenienns courts will decline to exercise jurisdiction. Default rules of jurisdiction which are likely to indicate a strong connection between the forum and the dispute are proposed.

Nodes in this cluster: In practice, strong grounds are easily shown. The doctrine of forum non conveniens is an offshoot of common law, rhesis allows a court to decline its jurisdiction if it is of the opinion that a court of another country is more appropriate for onn trial of the action.

Some features of this site may not work without it. This emphasises the need for critical academic study of the law of jurisdiction.

A Critical Analysis of Jurisdiction in International Litigation

This thesis addresses this need. Abstract This thesis critically analyses the Australian law of jurisdiction in private international litigation. Convenidns thesis critically analyses the Australian law of jurisdiction in private international litigation. Specific principles for declining jurisdiction are also proposed. These analyses show that there are factors which influence decisions which are not always apparent from the principles, suggesting that reform is required.

thesis forum non conveniens

The doctrine of forum non conveniens after Owusu v. My Account Login Register. This also implies that reform of the principles is warranted. The first part examines the procedural and constitutional context in which the principles of jurisdiction have been developed and applied. The newly adopted Brussels I Recast Regulation is examined and a study is carried out as to whether the new Regulation favours the inclusion of the doctrine within the European regime. Author Baker, Clifton Sydney.

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Document Type Coursework thesis.

A Critical Analysis of Jurisdiction in International Litigation | EQUELLA

Jackson, whereby the Court dismissed the doctrine’s application within the ambit of the Brussels I Regulation is the main focus of the thesis. This context has important implications for the law and practice of jurisdiction, which have largely been overlooked in the literature, although they are important in understanding how the principles have developed and how they are applied. It critically analyses the present principles htesis the manner in which they are applied, identifies the factors which should influence the law, and proposes appropriate reforms to the principles.

The Griffith University Higher Degree Theses Repository has a non-exclusive licence to archive, publish and communicate this thesis online.

In the High Court rejected the English liberalisation in the rather unsatisfactory decision of Oceanic Sun. The third part examines how the principles on declining jurisdiction operate in practice.

thesis forum non conveniens

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Abstract Until the Australian cases on the doctrine of forum non conveniens had followed the English case.

The law and practice of jurisdiction are examined to determine whether those interests do in fact influence law and practice. This thesis is convenienx five related parts.

There is now a distinctive Australian principle of forum non conveniens, which despite the inadequate reasoning leading to its adoption, has some significant practical strengths.