Posts Categorized: Forum Non Conveniens

Posted: April 13, 2018

New York Not Inconvenient Forum Despite Dispute Having Much Stronger Connection to China

On April 5, 2018, the First Department issued a decision in Pacific Alliance Asia Opportunity Fund L.P. v. Kwok Ho Wan, 2018 NY Slip Op. 02415, holding that an action should not have been dismissed on forum non conveniens grounds despite its having a much stronger connection of China, explaining: Defendant failed to meet the… Read more »

Posted: November 12, 2017

Court Decides Forum Non Conveniens Motion Without Deciding Personal Jurisdiction Issues

On October 30, 2017, Justice Friedman of the New York County Commercial Division issued a decision in Estate of Kainer v. UBS AG, a Swiss Corp., 2017 NY Slip Op. 32316(U), deciding a forum non conveniens motion without first determining whether the court had jurisdiction over the moving defendant, explaining: As a threshold matter, the… Read more »

Posted: July 28, 2017

Court Refuses to Dismiss New York Action in Favor of Later-Filed California Action

On July 21, 2017, Justice Kornreich of the New York County Commercial Division issued a decision in Wantickets RDM, LLC v. Eventbrite, Inc., 2017 NY Slip Op. 31548(U), refusing to dismiss a New York action in favor of a later-filed California action, explaining: Eventbrite’s contention that Wantickets’ claims should be litigated in California is uncompelling…. Read more »

Posted: July 17, 2017

Forum Selection Clause Precluded Consideration of Forum Non Conveniens Argument

On July 13, 2017, the First Department issued a decision in Honeywell International Inc. v. ARC Energy Services, Inc., 2017 NY Slip Op. 05686, holding that a New York forum selection clause precluded consideration of a forum non conveniens argument, explaining: Plaintiff and defendant ARC entered into a services agreement which included an explicit choice… Read more »

Posted: May 11, 2015

First Department Affirms Dismissal On Forum Non Conveniens Grounds

On April 28, 2015, the First Department issued a decision in Hanwha Life Ins. v. UBS AG, 2015 NY Slip Op. 03452, affirming a decision of Justice Ramos of the New York County Commercial Division, granting a motion to dismiss on forum non conveniens grounds. The First Department’s decision (the body of which is pasted…