Jersey:
Litigation Update: Forum Non Conveniens And Panama
06 October 2015
Hatstone Lawyers
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By a Judgment of 31 March 2015, the Supreme Court of Panama
annulled Article 1421-J of the Judicial Code and declared it
unconstitutional. The Article provided that Panamanian Judges could
not admit proceedings in Panama which had been previously rejected
by a foreign court under the doctrine of forum non conveniens.
Importantly, the Court, whilst confirming that the doctrine does
not apply in Panama, stated that the restriction imposed by the
Article was a denial of justice to wronged plaintiffs. Therefore,
today an application that has been rejected abroad on the basis of
forum non conveniens may now be heard rather than automatically
dismissed in Panama.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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