China as a Suitable Alternative Forum in a Forum Non Conveniens Motion

Courtney Lynn Gould, UCLA School of Law

Abstract

This article discusses the U.S. Federal standard regarding a motion to dismiss for forum non conveniens as it is applied to the alternative fora of the People’s Republic of China. The discussion focuses on how a specific forum within the PRC should be analyzed for suitability under this U.S. standard due to the somewhat unique aspects of the PRC legal system. By analogy to Federal forum non conveniens case law, this article provides suggestions for courts and practitioners to apply the standard to the PRC judiciary. In doing so however, the article intends to identify and distinguish which aspects of the current U.S. conception of the PRC system are based in reality, and which are based in rumor or stereotype.