Assignment s Example | Topics and Well Written Essays - 500 words

S - Assignment Example Thus, it would be more convenient for the defendants and plaintiffs to attend the court hearing in either Greece or Cyprus. According to Lear, the doctrine of forum non conveniens is supposed to provide convenience to the parties above all else (1147). In Piper vs Reyno the fact that most of the evidence including the plane wreckage and witnesses could be found in Scotland or near Scotland was given as one of the grounds for granting forum non conveniens. Similarly, the plane wreckage is in Athens and since the flights took off from Cyprus, further evidence could be obtained from the ground crew there. Furthermore, some of the evidence is in Greek and Greek law will be applicable in some matters. In Piper vs Reyno, it was reasoned that an American jury will have a hard time understanding foreign laws. If the case is heard in the district court, Greek law would have to apply and it is in doubt if the jury would comprehend Greek law. In Piper vs Reyno, American courts were cautioned against adjudicating foreign matters as this would place unnecessary burden on the American court system. In the case, both the defendant and plaintiffs are foreign citizens therefore meaning the US has little public interest in deciding the matter. In this case, the plaintiffs favor the district court as here they would obtain ten times as much compensation and damages for the suit. However, in Piper vs Reyno it was ruled that plaintiff’s favored forum had little bearing on granting dismissal on grounds of forum non conveniens. If courts were to take plaintiffs choice of forums as weighty consideration then dismissal would be rare. Furthermore, in Yavuz vs 61 MM LTD it was help that claims do not have to be similar to those offered by the district courts for a foreign jurisdiction to be accessed as an adequate forum In addition, the change of forum would not change either party’s case as plaintiffs could still make claims of