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Forum non conveniens in Australia-how much weight should be given to comity?
chapter
posted on 2023-05-22, 19:43 authored by Poomintr SooksripaisarnkitPoomintr SooksripaisarnkitA historical tracing suggested that the concept of comity has its root from public international law. In modern days, it forms a rationale underpinning the doctrine of forum non conveniens in private international law. However, Australia has rejected a popular formulation of the ‘more appropriate forum’ test used in England and other common law jurisdictions and instead decided to adopt a more stringent test of ‘clearly inappropriate forum’. To what extent is this version of the forum non conveniens doctrine in compatible with the comity concept? It is argued that the courts in Australia largely pay lip service to the comity concept in their consideration.
History
Publication title
Blurry Boundaries of Public and Private International Law: Towards Convergence or Divergent Still?Edition
1stEditors
P Sooksripaisarnkit and D PrasadPagination
51-66ISBN
9789811684791Department/School
Australian Maritime CollegePublisher
SpringerPlace of publication
SingaporeExtent
15Rights statement
Copyright 2022 The Author(s), under exclusive license to Springer Nature Singapore Pte Ltd.Repository Status
- Restricted