Forum non convenience is a judicial term used for an inconvenient place of judicial trials for one of the parties involved in the case. In judicial trials if parties involved are not satisfied for the place where their case will be executed they can take a motion to dismiss the case on the basis of forum non conveniens. Any parties involved in the case can submit a proof that the current forum is not sufficient or suitable for them.
Instead another place (forum) is more suitable for their case and the dismissal of the case in the current forum is more in favor of both the parties than carrying out in the same forum, and the alternative forum is suitable for both the parties. All the factors of the plaintiff’s and defendant’s interest involved in the decision of dismissal are considered. The balancing between the parties must be equal and favoring them. The facts involved in the forum non convenience grounds are weighed before the decision is taken. Also the convenience of court and the justice itself is considered.
Whether it would be convenient to dismiss the case and carried out in another forum would be an appropriate step itself? If it satisfies the needs of both the parties and justice would be more balanced in an alternative forum then court has the right to dismiss the case on the forum non conveniens. This also involves that the new forum will not pose up new issues for any of the parties involved. The plaintiff and defendants must be satisfied with the new forum and will not make it an issue when the trial will be conducted.
University/College: University of Arkansas System
Type of paper: Thesis/Dissertation Chapter
Date: 29 November 2016
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