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Brigham Young University Prelaw Review

Authors

Bryan Reeves

Keywords

International Law, Non Conveniens, Union Carbide

Abstract

The American Journal of International Law states, "The Union Carbide case is a convincing example of the exercise of judicial restraint on the part of the U.S. courts in the application of the time-honored doctrine of forum non conveniens" (Union 81: 417). Forum non conveniens is defined as, "the discretionary power of the court to decline jurisdiction when convenience of parties and ends of justice would be better served if an action were brought and tried in another forum" (Black 665). It is the objective of this paper to examine the purpose of forum non conveniens, when it can be applied and why it was applied to Union Carbide vs. Union of India. This will be accomplished through a study of the facts, arguments, or interests of each party, and reasoning used in judgement of the case.

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