<abstract xmlns="http://www.w3.org/1999/xhtml">

<p>Determination of limitation of jurisdiction of national courts with respect to civil cases or matters involving foreign elements has become an important aspect of judicial practice around the world as with the growing cross-border cooperation. The study on the subject matter helps to promote the efficiency in the civil procedure. On the one hand, it provides legal ground for national courts to determine their jurisdiction over the related civil cases or matters, and helps the plaintiff to initiate the legal action in the national court with competent to accept the case on the other. This article will analyse the U.S. laws as well as judicial experience in U.S. national courts on limitation of their jurisdiction in civil cases or matters involving foreign elements. It will focus on the cases in which the jurisdiction of the court is granted by mutual agreements of the relevant parties, frauds, force, immunities, forum non conveniens, limits imposed by the forum or the laws of the states where the transactions have been conducted. It will be followed by the critical assessments on the status of relevant laws and regulations of Vietnam and some recommendations for future development.</p>
</abstract>

Determination of limitation of jurisdiction of national courts with respect to civil cases or matters involving foreign elements has become an important aspect of judicial practice around the world as with the growing cross-border cooperation. The study on the subject matter helps to promote the efficiency in the civil procedure. On the one hand, it provides legal ground for national courts to determine their jurisdiction over the related civil cases or matters, and helps the plaintiff to initiate the legal action in the national court with competent to accept the case on the other. This article will analyse the U.S. laws as well as judicial experience in U.S. national courts on limitation of their jurisdiction in civil cases or matters involving foreign elements. It will focus on the cases in which the jurisdiction of the court is granted by mutual agreements of the relevant parties, frauds, force, immunities, forum non conveniens, limits imposed by the forum or the laws of the states where the transactions have been conducted. It will be followed by the critical assessments on the status of relevant laws and regulations of Vietnam and some recommendations for future development.

Jurisdiction Limitation of National Courts with Respect to Civil Cases or Matters Involving Foreign Elements in Accordance with United States Laws and Vietnamese Law

Vietnamese Journal of Legal Sciences

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

Determination of limitation of jurisdiction of national courts with respect to civil cases or matters involving foreign elements has become an important aspect...

Jurisdiction Limitation of National Courts with Respect to Civil Cases or Matters Involving Foreign Elements in Accordance with United States Laws and Vietnamese Law

Publié en ligne: 30 déc. 2021

Pages: 46 - 64

DOI: https://doi.org/10.2478/vjls-2021-0008

Mots clés
limitation of courts’ jurisdiction, private international law, forum non conveniens

© 2021 Nguyen Le Hoai et al., published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

Jurisdiction Limitation of National Courts with Respect to Civil Cases or Matters Involving Foreign Elements in Accordance with United States Laws and Vietnamese Law

Publié en ligne: 30 déc. 2021

Pages: 46 - 64

DOI: https://doi.org/10.2478/vjls-2021-0008

Mots cléslimitation of courts’ jurisdiction, private international law, forum non conveniens

© 2021 Nguyen Le Hoai et al., published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

Mots clés
limitation of courts’ jurisdiction, private international law, forum non conveniens