THESIS FORUM NON CONVENIENS

In practice, strong grounds are easily shown. In the High Court rejected the English liberalisation in the rather unsatisfactory decision of Oceanic Sun. This emphasises the need for critical academic study of the law of jurisdiction. The Australian principles of jurisdiction have not changed substantially in the last years, while economic and social conditions which affect international litigation have undergone dramatic and wide-reaching changes. The doctrine of forum non conveniens after Owusu v. This thesis critically analyses the Australian law of jurisdiction in private international litigation.

Detailed reforms are suggested, drawing on a discussion and an evaluation of different approaches to jurisdiction, particularly drawing on the European Community’s Regulation on Jurisdiction and Judgments. In practice, strong grounds are easily shown. Abstract This thesis critically analyses the Australian law of jurisdiction in private international litigation. Show full item record. This thesis critically analyses the Australian law of jurisdiction in private international litigation. There has been little scholarly attention devoted specifically to the study of jurisdiction in Australia. Author Baker, Clifton Sydney.

This thesis is intended to contribute both to a theoretical understanding of this area of law and to an understanding of its conveinens application. This thesis addresses this need. The relevant factors are identified in terms of the interests of foreign states, individual litigants’ interests and the forum state’s interests.

A Critical Analysis of Jurisdiction in International Litigation

It critically analyses connveniens present principles and the manner in which they are applied, identifies the factors which should influence the law, and proposes appropriate reforms to the principles. My Account Login Register.

thesis forum non conveniens

Abstract Until the Australian cases on the doctrine of forum non conveniens had followed the English case. The fourth part identifies the factors which ought to influence the law and practice of jurisdiction. These analyses show that there are factors which influence decisions which are not always apparent from the principles, suggesting that reform is required.

  DISSERTATION SOUTHAMPTON SOLENT

The principles should ensure that the court is jurisdictionally competent only where it is likely to be an appropriate forum for the dispute. Finally, by means of suggestions for reform, an attempt is made to propose ways which the European and Maltese courts should follow in cases which require a stay of proceedings on the grounds of forum non conveniens. An analysis is made to explore whether the doctrine has any role to play eight years after this landmark judgment was given by the CJEU.

thesis forum non conveniens

This thesis critically analyses the Australian law of jurisdiction in private international litigation. Copyright in the thesis remains with the author. For example, the principle requires the court to enforce foreign jurisdictional agreements unless there are strong grounds for non-enforcement.

These analyses identify factors which appear to influence decisions in practice, not all of which are consistent with the applicable principles.

This thesis examines the historical origins of the doctrine, and its criteria for use as developed by English landmark judgments. The fifth part considers how Australian jurisdictional principles could be improved.

The Australian principles of jurisdiction have not changed substantially in the last years, while economic and social conditions which affect international litigation have undergone dramatic and wide-reaching changes. cconveniens

thesis forum non conveniens

The Griffith University Higher Degree Theses Repository has a non-exclusive licence to archive, publish thfsis communicate this thesis online. Some features of this site may not work without it. Detailed reforms are suggested, drawing on a convenkens and an evaluation of different approaches to jurisdiction, particularly drawing on the European Community’s Regulation on Jurisdiction and Judgments.

Collections Melbourne Law School – Theses []. Many important interests, especially of foreign states and of defendants, are not sufficiently taken into account.

  RATE OF REACTION SODIUM THIOSULPHATE AND HYDROCHLORIC ACID COURSEWORK

In particular, Australian superior courts had adopted the liberalisation of that doctrine which had taken place in England since The first part examines tbesis procedural and constitutional context in which the principles of jurisdiction have been developed and applied.

Linked Resource URL http: Abstract This thesis critically analyses the Australian law of jurisdiction in private international litigation.

Document Type Coursework thesis.

A Critical Analysis of Jurisdiction in International Litigation | EQUELLA

Jurisdiction in international litigation is often regarded as a procedural area of law which is less important than choice of law in practical and theoretical terms. The doctrine of forum non conveniens is an offshoot of common law, which allows a court to decline its jurisdiction if it is of the opinion that a court of another country is more appropriate for the trial of the action.

Affiliation Melbourne Law School. Jackson, whereby the Court dismissed the doctrine’s application within the ambit of the Brussels I Regulation is the main focus of the thesis. Show full item record.

Some features of this site may not work without it. However, in the High Court rectified many of the problems present in Oceanic Sun in Voth, and, although it reaffirmed the principle in Oceanic Sun, in practical terms it substantially liberalised the Convenuens doctrine, although not going as far as the English developments. The various principles applied in declining jurisdiction make it likely that the Australian courts will exercise their discretion to retain jurisdiction in the majority of cases.

This emphasises the need for critical academic study of the law of jurisdiction.