Emory International Law Review


Jungmoo Lee


In a legal conflict where much of the harm and vital witnesses are located abroad, a U.S. court often seems justified in granting forum non conveniens. Unfortunately, the plaintiff may be unable to collect his or her judgment due to the strict standards of the Uniform Foreign-Country Money Judgment Recognition Act (UFCMJRA). This catch-22 is reality for the Ecuadorian plaintiffs of Aguinda v. Texaco. In order to resolve such a predicament, Jungmoo Lee argues that instead of making drastic doctrinal or statutory changes in the application of forum non conveniens and foreign money judgment standards to deal with such a situation, U.S. courts should apply forum non conveniens dismissal on the condition that the case be moved to an international arbitration panel that is specifically tailored to handle the dispute at hand.