What are the differences between forum non conveniens and res judicata in international litigation?
Forum non conveniens and res judicata are two very distinct concepts in international litigation law in Massachusetts. Forum non conveniens refers to a situation in which a court finds that a case should be tried in a different court system. This could be due to various factors, such as cost, convenience, or the availability of witnesses. The court is given the power to dismiss the case if it is deemed more appropriate for the court in another country or even another state. Res judicata, on the other hand, means that a judgment or ruling is final and cannot be challenged or appealed. This is usually the case when an issue has been litigated and the parties involved have exhausted all of their available appeals. This means that the parties cannot re-litigate the matter, and the decision of the court is binding. Therefore, forum non conveniens is the process of determining where a case should be tried, while res judicata indicates that the matter has already been decided and cannot be further challenged. In the context of international litigation, the two concepts are distinct and should not be confused.
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