Cite as: 510 U. S. 443 (1994)
Kennedy, J., dissenting
mercial transactions and relations between this country and others in friendly relations with it"); The Carolina, 14 F. 424, 426 (La. 1876) (dismissing seaman's claim that he was beaten by his crewmates while on board a British ship; "for courts to entertain this and similar suits during a voyage which the parties had agreed to make at intermediate points at which the vessel might touch, would impose delays which might seriously and uselessly embarrass the commerce of a friendly power"); The Montapedia, 14 F. 427 (ED La. 1882) (dismissing suit by Chinese plaintiffs against a British ship); The Walter D. Wallet, 66 F. 1011 (SD Ala. 1895) (dismissing suit by British seaman against master of British ship for costs of medical care while in a United States marine hospital). The practice had the imprimatur of this Court. See Mason v. Ship Blaireau, 2 Cranch 240, 264 (1804) (Marshall, C. J.) (recognizing forum non conveniens doctrine but not applying it in that case); The Belgenland, 114 U. S. 355, 362-369 (1885) (same); Charter Shipping Co. v. Bowring, Jones & Tidy, Ltd., 281 U. S. 515, 517 (1930) (affirming forum non conveniens dismissal of maritime dispute between British firms). By 1932, Justice Brandeis was able to cite "an unbroken line of decisions in the lower federal courts" exercising "an unqualified discretion to decline jurisdiction in suits in admiralty between foreigners." Canada Malting Co. v. Paterson S. S., Ltd., 285 U. S. 413, 421-422, and nn. 2-4 (affirming forum non conveniens dismissal of maritime dispute between Canadian shipping companies).
Long-time foreign trading partners also recognize the forum non conveniens doctrine. The Court notes the doctrine's roots in Scotland. See La Société du Gaz de Paris v. La Société Anonyme de Navigation "Les Armateurs Fran-çais," [1926] Sess. Cas. 13 (H. L. 1925) (affirming dismissal of breach of contract claim brought by French manufacturer against French shipowner who had lost the manufacturer's cargo at sea). English courts have followed Scotland, although most often they stay the case rather than dismiss
465
Page: Index Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NextLast modified: October 4, 2007