Maritime law of USA. Forum “non-convenience” (change of jurisdiction) and self-limitation of federal courts of USA, in the exercise of their competence, in case of “Costa Concordia” ship Cover Image
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Dreptul maritim al SUA. Forumul non conveniens (schimbarea de jurisdicţie) şi autolimitarea jurisdicţiilor federale ale Statelor Unite în exercitarea competenţelor lor în cazul navei Costa Concordia
Maritime law of USA. Forum “non-convenience” (change of jurisdiction) and self-limitation of federal courts of USA, in the exercise of their competence, in case of “Costa Concordia” ship

Author(s): Olivier Cachard
Subject(s): Civil Law, Maritime Law, Court case
Published by: Universul Juridic
Keywords: forum non conveniens; U.S. court; the exception; jurisdiction;

Summary/Abstract: The exception of incompetence to “forum non conveniens” is permissible to U.S. court (and upheld by the Court of Appeals) on the ground that plaintiffs could use another jurisdiction more appropriate, which is Italian jurisdiction, the defendants accepted the jurisdiction. Several considerations refer to the Italian courts: ease of access to sources of proof; the existence of procedures for an order compelling the recalcitrant witnesses to appear; costs entailed to deposition testimony; the opportunity to go to see the sites, especially wreckage if this should be necessary;

  • Issue Year: 2014
  • Issue No: 01
  • Page Range: 55-61
  • Page Count: 7
  • Language: Romanian