What are the advantages and disadvantages of forum non conveniens in international litigation?

International litigation often involves disputes between parties from different countries, making it difficult to determine which jurisdiction should handle the case. Forum non conveniens is a legal principle which allows courts to dismiss a case when another jurisdiction is more appropriate. This can be advantageous because it allows courts to dismiss expensive, time-consuming cases and avoid potential conflicts of laws. On the other hand, forum non conveniens can make it difficult for claimants to enforce their claims. This is because the court in the convenient jurisdiction may not have the authority to enforce a judgment in other countries. There are also potential drawbacks to forum non conveniens. It may be difficult to establish which jurisdiction is more appropriate, as courts may not be familiar with the legal systems in all countries. Additionally, litigants must bear the cost of refiling the case in the appropriate jurisdiction. This can be a significant cost for claimants, as filing in another jurisdiction may require additional evidence or experts. Similarly, forum non conveniens may be biased in favor of the defendant if the court in their jurisdiction is more lenient towards their interests. Overall, forum non conveniens can be beneficial in some cases when one jurisdiction is clearly more suitable for the case. However, the potential drawbacks should be weighed carefully before this legal principle is applied.

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What are the advantages and disadvantages of forum non conveniens in international litigation?

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