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Study On The Non-convenience Standards Of Doctrine Of Forum Non—Convenience

Posted on:2014-01-20Degree:MasterType:Thesis
Country:ChinaCandidate:X J LiuFull Text:PDF
GTID:2256330401971956Subject:Law
Abstract/Summary:PDF Full Text Request
The history of Doctrine of Forum Non Convenience has more than370years by now. So far, Doctrine of Forum Non Convenience which came from Scotland has been accepted by more and more countries, especially in common law countries such as the United Kingdom, the United States, Australia; However, It has also been accepted in practice use of the principles by many civil law countries slowly, such as Japan, Germany, Quebec region of Canada.With the development of economic globalization and regional economic integration,countries more and more closely linked, civil and commercial exchanges between the countries are more frequent, and it will makas a number of disputes; The national courts of jurisdiction to deal with conflict of disputes due to various reasons, the inconvenience for the existence and development of Doctrine of Forum Non Convenience has created the environment, the principle plays an important role in the coordination of national jurisdiction positive conflict.However, the voices of doubt on the principle of forum non conveniens from its produce to the present are not stopped, there is a different view of the various countries and various scholars for the principle. View from the judicial practice in most countries in the world.The standards of Doctrine of Forum Non Convenience which are applied by each country are different, and the standards in different cases are different in the same country. What is "inconvenienf" in most of the countries is not clearly defined, which is the principle of an obstacle encountered in the development. The main purpose of this paper is to analyze several countries how to apply Doctrine of Forum Non Convenience, outlined what is "inconvenience standards".In all,I hope that a " non-convenience standard" of the principle of forum non conveniens will be built.
Keywords/Search Tags:Doctrine of Forum Non Convenience, discretion, non-conveniencestandards
PDF Full Text Request
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