미국의 부적정 법원의 원칙의 적용과 관련한 판례분석

A Case Study on the Application of Doctrine of Forum Non Convenience under American Law

The purpose of this study aims to analyse the application of doctrine of forum non convenience under American Law with the WD Fairway case. A concern in collision cases has been the application of forum non conveniences to a high seas collision which, by its nature, seemed to preclude substantial contacts with foreign forums. Another difficulty in such cases is how to safeguard the integrity of the in rem process if jurisdiction is declined. In this case, a large dredger the WD Fairway collided with the MSC Joanna at the Chinese territorial waters in March 2007. In connection with this case, a number of lawsuits have been filed, in the China, England as well as the United States. The WD Fairway claimed at US$345million as damages in the U.S. Federal District Court, but it was dismissed by the forum non convenience, after a single, unified by liability limitation procedure of the America of the MSC side.