Veba-Chemie A.G. v. M/v Getafix, Her Engines, Boilers, Etc., in Rem, and Getafix Shipping Corp., in Personam

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a Netherlands court satisfies the adequate alternative forum requirement
• stating that an alternative forum must “be available at the time of dismissal so that [the] plaintiff can pursue his action in what has been determined to be a substantially more convenient forum” (emphasis added)
• “defendant’s submission to the jurisdiction of an alternative forum renders that forum available for the purposes of forum non conveniens analysis”
• “[W]e find that the conditional dismissal, by inducing defendant’s submission to the jurisdiction of an alternative forum, is one particularly effective manner of assuring that the alternative forum is available.”
• availability of alternative forum premised on defendant’s submission to jurisdiction there
• “[A] forum non conveniens dismissal must be based on the finding that, when weighed against plaintiff’s choice of forum, the relevant public and private interests strongly favor a specific, adequate and available alternative forum.”

Source: CourtListener parenthetical corpus (CC0).