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Forum Non Conveniens

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Chapter Summary

This chapter explores the extent to which the defense of forum non conveniens can restrict Alien Tort Statute (ATS) litigation against MNEs. Given the almost unlimited discretion of district court judges and the fact that reversals of dismissals based on the doctrine are rare, the examination largely focuses on the little guidance given by Courts of Appeals. The chapter scrutinizes the first prong of the test employed by courts addressing the doctrine of forum non conveniens under which a court determines the availability and adequacy of the proposed foreign forum. Jota v. Texaco was the first ATS case which was dismissed on forum non conveniens grounds and which was appealed. The chapter evaluates the second prong of the test under which courts balance a variety of private and public interest factors to determine whether the foreign court is in a better position to resolve the dispute.

Keywords: Alien Tort Statute (ATS) litigation; foreign court; forum non conveniens



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