What are the differences between forum non conveniens and res judicata in international litigation?

In international litigation, forum non conveniens and res judicata are two distinct concepts that can be confusing to understand. Forum non conveniens is a legal concept that is used to determine which court will have jurisdiction to hear a case. It allows the court to determine if it is the most convenient court to hear a case involving international parties. Generally, the court will consider the location of the parties involved, the witnesses, and other factors like the cost or length of the proceedings. On the other hand, res judicata is a concept of law that prevents a previously decided case from being re-litigated. It states that once a court issues a final judgment or decree, any party to the dispute cannot bring the same dispute to court again as the result is already determined. This concept is also known as “claim preclusion” or “issue preclusion”. In summary, forum non conveniens is a legal concept that determines the court that should properly hear a case, while res judicata prevents a previously decided case from being brought back to court. Both concepts are important in international litigation, as they help to ensure that cases are heard in the most appropriate jurisdiction and that decisions made by the courts are not challenged in the future.

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What are the differences between forum non conveniens and res judicata in international litigation?

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