The doctrine applies where an adequate alternative forum exists and private and public interest factors strongly favor it. In federal practice it applies principally to foreign forums, since Section 1404 governs domestic transfers.
Dismissal is conditional on the alternative forum accepting jurisdiction.
Alternative Names:
FNC|Inconvenient Forum Doctrine
Why it Matters?
Conditional dismissal is standard, requiring the defendant to consent to jurisdiction in the alternative forum, waive limitations defenses, and agree to satisfy any judgment, which removes the argument that dismissal leaves the plaintiff remediless. Adequacy of the foreign forum is the threshold, and courts have found forums inadequate where the claim would not be cognizable or corruption is documented.
Frequently Confused with
Related terms
Frequently asked questions
What conditions typically attach to dismissal?
When is a foreign forum inadequate?
