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Forum non conveniens in Australia-how much weight should be given to comity?

Sooksripaisarnkit, P ORCID: 0000-0002-1708-4226 2022 , 'Forum non conveniens in Australia-how much weight should be given to comity?', in P Sooksripaisarnkit and D Prasad (eds.), Blurry Boundaries of Public and Private International Law: Towards Convergence or Divergent Still? , Springer, Singapore, pp. 51-66.

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Abstract

A 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.

Item Type: Book Section
Authors/Creators:Sooksripaisarnkit, P
Keywords: comity, forum non conveniens, more appropriate forum, clearly inappropriate forum
Publisher: Springer
DOI / ID Number: 10.1007/978-981-16-8480-7_4
Copyright Information:

Copyright 2022 The Author(s), under exclusive license to Springer Nature Singapore Pte Ltd.

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