What is Forum Non Conveniens? [legal terminology explained] скачать в хорошем качестве

What is Forum Non Conveniens? [legal terminology explained]

The legal term Forum Non Conveniens is derived from Latin for "inconvenient forum", being a common law doctrine that enables a Court to stay a civil case (even though the venue is proper and the Court has jurisdiction over the case and the litigants) where an appropriate and more convenient alternative forum exists in which to litigate the case. One of the litigants must raise Forum Non Conveniens for the Court to consider it. To understand the legal concept of Forum Non Conveniens, one would be well served to read the words of Supreme Court Justice LeBel in the Supreme Court of Canada decision in Club Resorts Ltd. v. Van Breda, 2012 SCC 17, where he succinctly and comprehensively analyzed this important legal concept. . . . This Court reviewed and structured the method of application of the doctrine of forum non conveniens in Amchem. It built on the existing jurisprudence, and in particular on the judgment of the House of Lords in Spiliada Maritime Corp. v. Cansulex Ltd., [1987] 1 A.C. 460. The doctrine tempers the consequences of a strict application of the rules governing the assumption of jurisdiction. As those rules are, at their core, based on establishing the existence of objective factual connections, their use by the courts might give rise to concerns about their potential rigidity and lack of consideration for the actual circumstances of the parties. When it is invoked, the doctrine of forum non conveniens requires a court to go beyond a strict application of the test governing the recognition and assumption of jurisdiction. It is based on a recognition that a common law court retains a residual power to decline to exercise its jurisdiction in appropriate, but limited, circumstances in order to assure fairness to the parties and the efficient resolution of the dispute. The court can stay proceedings brought before it on the basis of the doctrine. . . . Regarding the burden imposed on a party asking for a stay on the basis of forum non conveniens, the courts have held that the party must show that the alternative forum is clearly more appropriate. The expression “clearly more appropriate” is well established. It was used in Spiliada and Amchem. . . . The use of the words “clearly” and “exceptionally” should be interpreted as an acknowledgment that the normal state of affairs is that jurisdiction should be exercised once it is properly assumed. The burden is on a party who seeks to depart from this normal state of affairs to show that, in light of the characteristics of the alternative forum, it would be fairer and more efficient to do so and that the plaintiff should be denied the benefits of his or her decision to select a forum that is appropriate under the conflicts rules. The court should not exercise its discretion in favour of a stay solely because it finds, once all relevant concerns and factors are weighed, that comparable forums exist in other provinces or states. It is not a matter of flipping a coin. A court hearing an application for a stay of proceedings must find that a forum exists that is in a better position to dispose fairly and efficiently of the litigation. But the court must be mindful that jurisdiction may sometimes be established on a rather low threshold under the conflicts rules. Forum non conveniens may play an important role in identifying a forum that is clearly more appropriate for disposing of the litigation and thus ensuring fairness to the parties and a more efficient process for resolving their dispute. Understanding legal terminology is important in all facets of life, in particular for law students and aspiring law students who looking to enter law school and thereafter attending classes at law school and succeeding at one's tests and examinations. This continues with the bar admission exams, which require significant study and preparation, with legal terminology be a central factor in most questions in the bar admission exams. This continues as an attorney, whether in drafting court pleadings or making arguments in court before the judge. Similarly, it applies to lawyers writing contracts and other legal documents, given the significance of specific legal terms and what they mean to the presentation of one's legal position. The same applies to non-law students and non-lawyers, where they can benefit from an understanding of otherwise complex legal terminology that can have an impact on their own life, their business endeavors or their intellectual curiosity. For that very reason, understanding these oftentimes complex legal terms can be particularly consequential. For the range and specifics of our law firm’s actual legal services visit https://www.neufeldlegal.com for particulars and restrictions. #legalterms #lawschool