Inappropriate Forum or Inappropriate Law? A Choice-of-Law Solution to the Jurisdictional Standoff Between the United States and Latin America
Numerous substantive and procedural advantages make the U.S. court system a uniquely attractive forum to plaintiffs worldwide. As a result, U.S. courts increasingly rely on forum non conveniens (FNC), a common law doctrine permitting a court to dismiss a case to another more convenient forum that is also available for the litigation. When the foreign plaintiffs hail from Latin America, however, their home forums are often unavailable following an FNC dismissal due to the Latin American courts¿ interpretation of their own preemptive system of jurisdiction. To make this clear and prevent U.S. courts from dismissing for FNC, numerous Latin American countries recently have enacted ¿blocking statutes,¿ explicating that a Latin American court cannot exercise jurisdiction over a case dismissed abroad under the FNC doctrine. Many U.S. courts refuse to accept the outcome this legislation seems to dictate and, through incorrect FNC analysis, continue to dismiss these cases to Latin America, where they will not be heard.
Jena A. Sold,
Inappropriate Forum or Inappropriate Law? A Choice-of-Law Solution to the Jurisdictional Standoff Between the United States and Latin America,
Emory L. J.
Available at: https://scholarlycommons.law.emory.edu/elj/vol60/iss6/4