What is a forum non conveniens and what factors should be considered in international litigation?
A forum non conveniens is a term used in international law that defines a legal principle allowing cases to be transferred from one jurisdiction to another. This principle is often applied in a situation where there are two or more countries where the case could potentially be heard. The court then has the ability to ruling which is the more appropriate jurisdiction to hear the case. When considering which jurisdiction to choose, there are a few factors to consider when it comes to international litigation in New Hampshire. Perhaps the most important factor is convenience. The court must assess whether the location of the parties and witnesses, the language of the court proceedings, and other factors make one jurisdiction more convenient than another. Another factor that could be taken into account is the source of the dispute. If any of the parties involved have a strong connection to one jurisdiction or another, then that jurisdiction may be deemed the more appropriate forum for the trial. Finally, the court must also consider the legal system of the jurisdiction to be sure that the applicable law is favorable to the parties involved. Together, all of these factors can help determine if the New Hampshire court should transfer the case to another jurisdiction through a forum non conveniens. In the end, the New Hampshire court will ultimately decide which jurisdiction is the most appropriate for the case and whether or not to transfer it through this legal principle.
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