Author Baker, Clifton Sydney. Retention of the forum non conveniens principle is recommended, but the English principle is advocated as a more suitable and just approach. The fifth part considers how Australian jurisdictional principles could be improved. It critically analyses the 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. For example, the principle requires the court to enforce foreign jurisdictional agreements unless there are strong grounds for non-enforcement. 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.
The fourth part identifies the factors which ought to influence the law and practice of jurisdiction.
Affiliation Melbourne Law School. Abstract This thesis critically analyses the Australian law of jurisdiction in private international litigation. This also implies that reform of the principles is warranted. The doctrine of forum non conveniens is an offshoot of common law, which allows a court to decline its corum if it is of the opinion that a court of another country is more appropriate for the trial of the action.
A Critical Analysis of Jurisdiction in International Litigation
The relevant factors are identified in terms of the interests of foreign states, individual litigants’ interests and the forum state’s interests. Nodes in this cluster: Jackson, whereby the Court dismissed the doctrine’s application within the ambit of the Brussels I Regulation is the main focus of the thesis. Collections Melbourne Law School – Theses . 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 Australian doctrine, although not going as far as the English developments.
This context has important implications for the law and practice of jurisdiction, which have largely been overlooked in the forhm, although they are important in understanding how the principles have developed and how they are applied.
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A Critical Analysis of Jurisdiction in International Litigation | EQUELLA
Copyright Disclaimer This thesis is protected by copyright. In practice, strong grounds are easily shown. Show full item record.
The law and practice of jurisdiction are examined to determine whether those interests do in fact influence law and practice. This thesis is in five related parts. 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.
This thesis examines the historical origins of the doctrine, and its criteria for use as developed by English landmark judgments. Linked Resource Ghesis http: 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.
In the High Court rejected the English liberalisation in the rather unsatisfactory decision of Oceanic Sun. The proposed reforms identlfy grounds of exclusive jurisdiction, provide protection to weaker parties to contracts, and otherwise require the enforcement of jurisdictional agreements.
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.
Gorum doctrine of forum non conveniens after Owusu v. Copyright in the thesis remains with the author. The fifth part considers how Australian jurisdictional principles could be improved.
There has been little scholarly attention devoted specifically to the study of jurisdiction in Australia. This thesis critically analyses the Australian law of jurisdiction in private international litigation.
Many important interests, especially of foreign states and of defendants, are not sufficiently taken into account. 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.
These analyses show that there are factors which influence decisions which are not always apparent from the principles, suggesting that reform is required. This thesis addresses this need.