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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
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)
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?
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")?
Sinochem International Co. v. Malaysia International Shipping Corporation ORAL ARGUMENT