Forum Non Conveniens Between Aliens In Admiralty: The Long and Short of It

Graydon S. Staring

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Copyright (c) 2004 by LexisNexis Matthew Bender. Reprinted with permission BENEDICT’S MARITIME BULLETIN. All rights reserved.

Abstract

The doctrine of forum non conveniens has become more prominent and freely applied as courts have felt the pressure of distended dockets and have also recognized as a principle, more and more, that foreign courts should today be generally viewed as accessible and reliable. The doctrine of foreign non conveniens entered the United States long ago through the admiralty jurisdiction and was only much later adopted elsewhere. It is increasingly prominent and freely applied as courts feel the pressure of distended dockets and recognize, more and more, that foreign courts should be generally viewed as accessible and reliable. It is well to be reminded that it remains somewhat distinctive in admiralty today, where two different standards obtain, depending on the citizenships of the parties, one of which when available is much simpler than the other.