What are the advantages and disadvantages of forum non conveniens in international litigation?
When discussing forum non conveniens, the advantages and disadvantages must be considered. Forum non conveniens is a legal doctrine that allows a court, in certain circumstances, to decline to hear a case even though the case legally belongs in its court. One advantage of forum non conveniens is that it can help ensure cases are heard in the most appropriate court. This can help relieve the burden on courts that are not in the jurisdiction where the events occurred or where the parties are located. On the other hand, forum non conveniens sometimes can be used to deny access to justice to litigants. If a court dismisses a case on the basis of forum non conveniens, the litigant may have to travel to another country to bring a case, which could result in increased expenses. In addition, the court in the other country may not honor the judgments or rulings of U.S. courts, which may make the effort futile. In North Dakota, forum non conveniens is not an available option in international litigation. This is because the state limits the application of forum non conveniens to cases that involve parties from two different states in the U.S. Therefore, North Dakota courts must hear cases involving parties from different countries, regardless of the closest geographical forum or the most appropriate court.
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