Abstract Until the Australian cases on the doctrine of forum non conveniens had followed the English case. Nodes in this cluster: The third part examines how the principles on declining jurisdiction operate in practice. Jackson, whereby the Court dismissed the doctrine’s application within the ambit of the Brussels I Regulation is the main focus of the thesis. The relevant factors are identified in terms of the interests of foreign states, individual litigants’ interests and the forum state’s interests.
This thesis addresses this need. Abstract Until the Australian cases on the doctrine of forum non conveniens had followed the English case. Show full item record. An analysis is made to explore whether the doctrine has any role to play eight years after this landmark judgment was given by the CJEU. This also implies that reform of the principles is warranted. Copyright Disclaimer This thesis is protected by copyright. The fourth part identifies the factors which ought to influence the law and practice of jurisdiction.
It critically analyses the present principles and the manner in which they are applied, identifies the factors which should influence the law, and proposes appropriate reforms to the principles. Corum doctrine of forum non conveniens after Owusu v. 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.
This thesis is in five related parts. The second part critically analyses the present law of jurisdiction. Some features of this site may not work without it. This also implies that reform of the principles is warranted.
The third part examines how the principles on declining jurisdiction operate in practice.
A Critical Analysis of Jurisdiction in International Litigation
Many important interests, especially of foreign states and of defendants, are not sufficiently taken into account. Some features of this site may not work without it.
Retention of the forum non conveniens principle is recommended, but the English principle is advocated as a more suitable and just approach.
Document Type Coursework thesis. 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.
In practice, strong grounds are easily shown. Specific principles for declining jurisdiction are also proposed. convveniens
Forum non conveniens : issues of precedent and policy
For example, the principle requires the court to enforce foreign jurisdictional agreements unless there are strong grounds for non-enforcement.
Foreign jurisdictional agreements should be enforced by a stay unless there are strong reasons for non- enforcement.
Copyright Disclaimer This thesis is protected by copyright. Default rules of jurisdiction which are likely to indicate a strong connection between the forum and the theeis are proposed. This is addressed by a doctrinal and an empirical analysis of the manner in which these principles are applied by the Australian superior courts. There has been little scholarly attention devoted specifically to the study of jurisdiction in Australia.
JavaScrip is disabled for your browser. The law and practice of jurisdiction are examined to determine whether those interests do in fact influence law and practice. The newly adopted Convniens 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.
In the High Court rejected the English liberalisation in the rather unsatisfactory decision of Oceanic Sun. The doctrine of forum non conveniens is an offshoot of common law, which allows a court to decline its jurisdiction if it is of the opinion that a court of another coneniens is more appropriate for the trial of the action. Access Status Only available to University of Melbourne staff and students, login required. Jackson, whereby the Court dismissed the doctrine’s application within the ambit of the Brussels I Regulation is the main focus of the thesis.
These analyses identify factors which appear to influence decisions in practice, not all of which are consistent with the applicable principles. Metadata Show full item record. This thesis addresses this need. Finally, by means of suggestions for reform, an attempt is made to propose ways which the European and Maltese courts convebiens follow in cases which require a stay of proceedings on the grounds of forum non conveniens. However, in the High Court rectified convenidns of the problems present in Oceanic Sun in Voth, and, although it reaffirmed the principle in Oceanic Sun, in practical terms it substantially liberalised the Australian doctrine, although not going as far as the English developments.
Detailed reforms are suggested, drawing on a discussion and an evaluation of different approaches to jurisdiction, particularly drawing on the European Community’s Regulation on Jurisdiction and Judgments. The first part examines the procedural and constitutional context in which the principles of jurisdiction have been developed and applied. This emphasises the need for critical academic study of the law of jurisdiction.