Sinochem International Co., Ltd. v. Malaysia International Shipping Corporation
No. 06-102
Title:
Sinochem International Co., Ltd. v. Malaysia International Shipping Corporation
Subject:
Jurisdiction, Personal Jurisdiction, Forum Non Conveniens, Civil Procedure
Questions:
A divided panel of the Court of Appeals for the Third Circuit held that a district court
must first conclusively determine if it has personal jurisdiction over the defendant
before it may dismiss the suit on the ground of forum non conveniens. The court
acknowledged that its holding was inconsistent with the interests of judicial
economy, recognized that its decision in the case deepened an-already existing 2-4
split among the circuits, and invited this Court's review.
The question presented is:
Whether a district court must first conclusively establish jurisdiction before
dismissing a suit on the ground of forum non conveniens?