What are the differences between forum non conveniens and res judicata in international litigation?
In international litigation, forum non conveniens (FNC) and res judicata (RJ) are two important legal considerations that come into play. The primary difference between the two is that FNC is a discretionary process used to determine whether a lawsuit should be heard in a particular jurisdiction, while RJ is a doctrine that prevents parties from relitigating a case already resolved by a court. FNC is a type of discretionary dismissal of a lawsuit that a court may choose to employ if the suit is not properly connected to the jurisdiction in which the court sits. The court can consider factors such as which court has the most familiarity with the facts and the law, the convenience of the parties involved, and the cost and time associated with the case in order to decide whether to dismiss the case or allow it to proceed. RJ, on the other hand, is a legal principle that prevents relitigation of a case that has already been resolved by a court. It bars parties from arguing the same points they made in a previous case, or from appealing the judgment of a prior case. This prevents the wasting of resources and time by having parties continually litigate the same disputes. In international litigation, both FNC and RJ provide critical considerations that determine the legitimacy and success of a case. The primary difference between them is that FNC is a discretionary process used to determine the proper jurisdiction for a lawsuit, while RJ is a legal doctrine that prevents parties from relitigating a case that has been previously resolved.
Related FAQs
What are the differences between a temporary and a permanent injunction in international cases?What is a motion for joinder and when can it be used in international litigation?
What is an international treaty and how does it affect international litigation?
What is a lis pendens and how can it be used in international litigation?
What is the purpose of a temporary restraining order in international litigation?
What is a writ of certiorari and how can it be used in international litigation?
How can a party obtain security for costs in international litigation?
What are the differences between public and private international law?
What is an international legal counselor?
What is the concept of “forum shopping” and how does it relate to international litigation?
Related Blog Posts
An Overview of International Litigation Law - July 31, 2023Exploring the Different Types of International Litigation - August 7, 2023
Key Elements of an International Litigation Case - August 14, 2023
Preparing for International Litigation and Key Considerations - August 21, 2023
Stages of International Litigation and Their Implications - August 28, 2023