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Sinochem International Co. v. Malaysia International Shipping Corporation

Docket No.: 06-102
Certiorari Granted: Sep 26 2006
Argued: January 9, 2007
Decided: March 5, 2007

Topics:

Article I, Civil Procedure

PartyNames: Sinochem International Co. Ltd. v. Malaysia International Shipping Corporation
Petitioner: Sinochem International Co., Ltd.
Respondent: Malaysia International Shipping Corporation

Court Below: United States Court of Appeals for the Third Circuit

Sinochem International Co., Ltd.
v.
Malaysia International Shipping Corporation
549 U.S. 422 (2007)
Background:

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.

Question Presented:

The question presented is: Whether a district court must first conclusively establish jurisdiction before dismissing a suit on the ground of forum non conveniens?

Question:

Does a district court have to establish its jurisdiction over a case before dismissing the suit on the ground that it should be argued in another court that is more convenient for the parties ("forum non conveniens")?

Holding: judgment reversed and remanded
Vote: 9-0
Opinion By:
Read SINOCHEM INTERNATIONAL CO. V. MALAYSIA INTERNATIONAL SHIPPING CORPORATION opinion (PDF)

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