Forum Non Conveniens and Chapter 15 Bankruptcy

(Exceprt) When pursuing a case under Chapter 15 of Title 11 in the United States, Code (the “Bankruptcy Code”) a plaintiff can litigate all claims in a single forum or in certain cases they may be able to pursue additional claims stemming from the same case in a foreign forum. Many parties will want to litigate all of the claims in a single forum and will file a forum non conveniens motion when their adversary tries to pursue claims in multiple forums. Forum non conveniens is a discretionary power that allows courts to dismiss a case where another court, or forum, is much better suited to hear the case. This memorandum analyzes when a foreign representative can pursue claims in both the U.S. and a foreign forum at the same time. Part I discusses the standard that courts apply in deciding a forum non conveniens motion. Part II addresses whether or not a foreign representative can simultaneously pursue claims in and outside the U.S