A STUDY OF FORUM NON CONVENIENS-WITH EMPHASIS ON ITS PRACTICAL APPLICATION

• Main Authors: Pan, Yi-Chen, 潘怡珍
• Other Authors: Dr.Long-Sjue Chen, Ph.D.(LSE)
• Format: Others
• Language: zh-TW
• Published: 2008
• Online Access: http://ndltd.ncl.edu.tw/handle/35749656334332316123

碩士 === 東海大學 === 法律學系 === 97 === Abstract Each conflicts case has to confront at least three issues－ jurisdiction, choice of law, and recognition and enforcement. This thesis mainly explores the use of the doctrine of forum non conveniens as the limit of the jurisdiction of the court. Since more and more countries expand their jurisdictional power, problem of unfairness of trial is getting more serious. So courts are in need of discretionary power to limit their own jurisdictional exercises. This thesis discusses not only the leading cases of U.K. and the United States, but also how courts apply the forum non conveniens doctrine to cases, including the factors that courts have to balance, and the principles that courts have to follow. This thesis also suggests that Taiwan doesn’t have to copy foreign practices, because Taiwan has its own system of law. All Taiwan’s courts have to focus is the fairness of trial and the end of justice of each individual.