Sinochem International Co., Ltd. v. Malaysia International Shipping Corporation

Subject:

Jurisdiction, Personal Jurisdiction, Forum Non Conveniens, Civil Procedure

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?

• U.S. Court of Appeals - 3rd Circuit Opinion Filed: February 7, 2006
• United States Supreme Court, Cert. Granted: September 26, 2006

Resources:

• Docket Sheet - No. 06-102 From the U.S. Supreme Court.
• Northwestern University - Medill School of Journalism: On the Docket

Briefs:     Parties Petition Phase Certiorari Petition Brief in Opposition Reply for Petitioner Merits Phase Petitioner's Brief Respondent's Brief Petitioner's Reply Brief Amicus Brief of the United States in Support of Petitioner	Counsel of Record For Petitioner Sinochem Int'l: Gregory A. Castanias Jones Day Washington, DC For Respondent Malaysia Int'l Shipping Corp.: Kevin L. McGee Rawle & Henderson LLP Philadelphia, PA
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