In practice, strong grounds are easily shown. But the application of overriding mandatory rules, even where there is a jurisdictional agreement, and the courts’ wide discretion under the Australian forum non conveniens principle make it unlikely that the courts will decline to exercise jurisdiction. Many important interests, especially of foreign states and of defendants, are not sufficiently taken into account. JavaScrip is disabled for your browser. This emphasises the need for critical academic study of the law of jurisdiction. These analyses show that there are factors which influence decisions which are not always apparent from the principles, suggesting that reform is required. Author Baker, Clifton Sydney.
The fifth part considers how Australian jurisdictional principles could be improved. There has been little scholarly attention devoted specifically to the study of jurisdiction in Australia. For example, the principle requires the court to enforce foreign jurisdictional agreements unless there are strong grounds for non-enforcement. The principles should ensure that the court is jurisdictionally competent only where it is likely to be an appropriate forum for the dispute. Author Baker, Clifton Sydney. This thesis critically analyses the Australian law of jurisdiction in private international litigation.
JavaScrip is disabled for your browser. Nodes in this cluster: This thesis critically analyses the Australian law of jurisdiction in private international litigation. This is addressed by a doctrinal and an empirical analysis of the manner in which these principles are applied by the Australian superior courts. Jackson, whereby the Court dismissed the doctrine’s application within the ambit of the Brussels I Regulation is the main focus of the thesis.
A Critical Analysis of Jurisdiction in International Litigation | EQUELLA
These analyses identify factors which appear to influence decisions in practice, not all of which are consistent with the applicable principles. This thesis addresses this need.
Abstract This thesis critically analyses the Australian law of jurisdiction in private international litigation.
The doctrine of forum non conveniens is an offshoot of common law, which allows a court to decline its jurisdiction if it is of the opinion that a court of another country is more appropriate for the trial of the action.
The fifth part considers how Australian jurisdictional principles could be improved. Access Status Only available to University of Melbourne staff and students, login required.
Specific principles for conveeniens jurisdiction are also proposed. There is now a distinctive Australian principle of forum non conveniens, which despite the inadequate reasoning leading to its adoption, has some significant practical strengths.
In the High Court rejected the English liberalisation in the rather unsatisfactory decision of Oceanic Sun. The proposed reforms identlfy grounds of exclusive jurisdiction, provide protection to weaker parties coveniens contracts, and otherwise require the enforcement of jurisdictional agreements.
Affiliation Melbourne Law School. The Australian principles of jurisdiction have not changed substantially in the last years, while economic and social conditions which affect international litigation have undergone dramatic and wide-reaching changes.
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The principles should ensure that the court is jurisdictionally competent only where it is likely to be an appropriate forum for the dispute.
A Critical Analysis of Jurisdiction in International Litigation
Linked Resource URL http: Many important interests, especially of foreign states and of defendants, are not sufficiently taken into account. The various principles applied in declining jurisdiction make it likely that the Australian courts will exercise their discretion to retain jurisdiction in the majority of cases. Some features of this site may not work without it. My Account Login Register.
The third part examines how the principles on declining rorum operate in practice. Collections Melbourne Law School – Theses . The second part critically analyses the present law of jurisdiction.
Jurisdiction in international litigation is often regarded as a procedural area of law which is less important than choice of law in practical and theoretical terms.
Foreign jurisdictional agreements should be enforced by a stay unless there are strong reasons for non- enforcement.
Forum non conveniens : issues of precedent and policy
An analysis is made to explore whether the doctrine has any role to play eight years after this landmark judgment was given by the CJEU. This thesis is intended to contribute both to convenienss theoretical understanding of this area of law and to an understanding of its practical application. This thesis is in five related parts.