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Declining Jurisdiction in Private International Law: Reports to the XIVth Congress of the International Academy of Comparative Law, Athens, August 1994

By: J. J. Fawcett; International Congress of Comparative Law | Book details

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19
United States of America
LOUIS F DEL DUCA Professor, Dickinson School of Law, Pennsylvania* and GEORGE A ZAPHIRIOU Professor, George Mason University, School of Law, Virginia†
CONTENTS
I Introduction401
II Forum non conveniens402
1. Development of forum non conveniens doctrine in the United States403
2. Impact of forum-selection clause407
3. International Conventions and forum non conveniens409
4. Section 1404(a) transfer411
5. Arbitration agreements413
III Lis pendens418
1. Parallel proceedings in sister States418
2. Parallel proceedings in the USA and abroad419
3. Solutions by Convention or Statute425

I INTRODUCTION

This chapter deals with the difficulties that arise when courts in different territorial units assume or are about to assume jurisdiction to deal with the same matter between the same parties.1 Conflicts, or in any case costly

____________________
*
The research assistance of Elizabeth T. Dold, third-year law student at the Dickinson School of Law, is greatly appreciated. An earlier version of the American National Report has appeared in ( 1994) 42 Am. J Comp. L245.
1
Different territorial units may be two or more countries or two or more States or provinces in a federation. Although the main focus of this paper is on parallel proceedings
†
This is to acknowledge with thanks the help of my research assistant, Anne-Marie L. Kagy, a third-year student at the George Mason University School of Law.

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