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.
Harmonizing Forum Non Conveniens and Foreign Money Judgment Recognition through International Arbitration,
Emory Int'l L. Rev.
Available at: https://scholarlycommons.law.emory.edu/eilr/vol29/iss2/5