Donald Earl Childress III (Pepperdine University School of Law) has posted Forum Conveniens: The Search for a Convenient Forum in Transnational Cases (Virginia Journal of International Law, Vol. 53, No. 1, p. 157, 2012) on SSRN. Here is the abstract:
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This Article examines the forum non conveniens doctrine as it is applied by federal courts and state courts in present-day transnational litigation. The Article also explores what happens when the doctrine is invoked in cases involving foreign sovereigns. The Article uncovers empirical evidence suggesting increased use of the forum non conveniens doctrine by courts. Unfortunately, this increased use does not come with clear standards for application. After considering the underlying rationales for the doctrine and whether they are effectuated by the current doctrine’s usage in transnational cases, the Article proposes a new series of rules and factors to be balanced by courts when asked to apply the doctrine.
