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A Call For Stricter Appellate Review Of Decisions On Forum Non Conveniens, Nicholas A. Fromherz
A Call For Stricter Appellate Review Of Decisions On Forum Non Conveniens, Nicholas A. Fromherz
Nicholas A Fromherz
Forum non conveniens has been criticized as anachronistic and unfair. Critics say that it amounts to little more than economic protectionism, serving as a pretext for the dismissal of suits brought against domestic corporate defendants. Even if one does not view the doctrine as inherently flawed, it is undeniable that its application has been extremely uneven owing to the broad discretion exercised by district courts ruling on the issue. Troubling in any circumstances, the misapplication of forum non conveniens is all the more so because of the high stakes pertaining to the matter. When a case is dismissed on forum …
Recent Private International Law Developments Before The Supreme Court Of Canada, Antonin I. Pribetic
Recent Private International Law Developments Before The Supreme Court Of Canada, Antonin I. Pribetic
Antonin I. Pribetic
A trilogy of interesting cases involving private international law recently wended their way to the Supreme Court of Canada: (1) King v. Drabinsky (an Ontario case addressing the applicability of the Charter in respect of the enforcement of a foreign judgment); (2) Teck Cominco Metals Ltd. v. Lloyd's Underwriters (a British Columbia case involving declaratory relief in the context of parallel proceedings and forum non conveniens); and (3) Yugraneft v. Rexx Management Corporation (an Alberta case which affirmed that the two-year limitation period under s.3 of Alberta's Limitations Act, governs when a party seeks the recognition and enforcement in Alberta …
Case Note On Supreme Court Of Cyprus (2007), Toumaian Christodoulidou V. Toumaian (2007) 1 Α.Α.Δ. 1024 [In Greek], Nikitas E. Hatzimihail
Case Note On Supreme Court Of Cyprus (2007), Toumaian Christodoulidou V. Toumaian (2007) 1 Α.Α.Δ. 1024 [In Greek], Nikitas E. Hatzimihail
Nikitas E Hatzimihail
The note makes the statement that the Family Courts of Cyprus have been gradually transformed, from tribunal to court, since their establishment in 1990, by means of the legislative reforms and the evolution of case law in the past two decades. Having been launched as tribunals, in replacement of the ecclesiastical jurisdiction over divorce cases of the Greek Orthodox Community, they presently stand as superior courts of limited jurisdiction (courts of justice), with power and specialization over all matters of family law. As a consequence, ratione personae exceptions to their jurisdiction (notably with regard to members of the three acknowledged …