Posts Categorized: Forum Non Conveniens

Posted: June 8, 2019

Despite Alleged Participation of New York Parties in Fraud, New York Found to be Inconvenient Forum

On June 4, 2019, the First Department issued a decision in Rodionov v Redfern, 2019 NY Slip Op. 04328, holding that notwithstanding the alleged participation of New York parties in a fraud, New York as an inconvenient forum, explaining: The court correctly dismissed the complaint on grounds of forum non conveniens. The court properly balanced... Read more »

Posted: March 20, 2019

Court Grants Forum Non Conveniens Motion

On February 28, 2019, Justice Ostrager of the New York County Commercial Division issued a decision in Fernie v. Wincrest Capital Ltd., 2019 NY Slip Op. 30510(U), granting a forum non conveniens dismissal, explaining: Ordinarily, nonresidents are permitted to enter New York courts to litigate their disputes as a matter of comity. However, the common-law doctrine... Read more »

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: February 1, 2015

Court Finds That Non-Mandatory UK Forum Selection Clause Supports Forum Non Conveniens Dismissal

On January 21, 2015, Justice Scarpulla of the New York County Commercial Division issued a decision in Rakuten Bank, Ltd. v. Royal Bank of Canada, 2015 NY Slip Op. 30096(U), finding that a UK forum selection clause in the parties’ contract was non-mandatory but nevertheless supported dismissal on forum non conveniens grounds. In Rakuten Bank,... Read more »

Posted: April 21, 2014

Use of New York Bank To Facilitate Dollar Transfers In a Foreign Exchange Transaction Not Sufficient to Avoid Forum Non Conveniens Dismissal

On April 8, 2014, the Court of Appeals issued a decision in Mashreqbank PSC v. Ahmed Hamad A1 Gosaibi & Brothers Co., 2014 NY Slip Op. 02381, dismissing, under the doctrine of forum non conveniens, a lawsuit arising from a foreign exchange transaction between foreign parties, where the claim had only a peripheral connection to New York—i.e.,... Read more »

Posted: January 27, 2014

Ties to New York Bank Found Insufficient to Create General Jurisdiction

On January 14, 2014, Justice Kapnick of the New York County Commercial Division issued a decision in Industrias De Papel R. Remenzoni S.A. v. Banco De Investimentos Credit Suisse (Brasil) S.A., 2014 NY Slip Op. 30074(U), addressing a variety of jurisdictional and forum non conveniens arguments on a motion to dismiss. In Industrias De Papel, the plaintiff, a Brazilian... Read more »