How Offshore Courts Can Solve Forum Selection Issues

Law360 (September 25, 2019, 2:46 PM EDT) -- In legal systems based more or less on English procedural rules, forum non conveniens issues and arguments can arise in cases both where the claimant is seeking the leave of the court to serve proceedings out of the jurisdiction (“service-out cases”) and where the defendant has been validly served in the jurisdiction (“service-in cases”).

In either type of case the fundamental principle is that the court “has to identify in which forum the case could most suitably be tried for the interests of all the parties and for the ends of justice” as set out by Judge Robert Goff in Spiliada...

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