Friday, December 01, 2006

Dual Citizenship & Forum Non Conveniens
A recent 7th Circuit decision, Intec USA, LLC. v. Engle 467 F.3d 1038 (7th Cir. Nov. 2, 2006), discussed issues of dual citizenship and forum non conveniens in international civil litigation. There is a nice breakdown of the case over at International Civil Litigation. One thing I found particularly interesting is the court snubbed the plaintiff's

arguments that the court should respect the plaintiff’s choice of forum in “all but extraordinary cases” and that United States courts should favor resolving disputes involving U.S. law in the U.S. It reasoned that New Zealand courts are entirely capable of applying choice of law doctrines and properly interpreting U.S. laws, and that international trade requires that countries trust each other’s legal systems to adequately resolve disputes.
This surprises me to see a U.S. court so willing to share jurisdiction. I was taught that usually if a court can take jurisdiction it will, especially in international litigation. Maybe this is a new trend? Or, maybe I was just misinformed? Regardless, it is interesting to see the respect they show for globalization and the importance of faith in the rule of law and fair legal decisions in international commerce.

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