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6 results

  • The Doctrine of Forum Non Conveniens and the Bhopal Case
  • M.W. Janis
  • Journal: Netherlands International Law Review / Volume 34 / Issue 2 / August 1987
  • Published online by Cambridge University Press: 21 May 2009, pp. 192-204
  • Print publication: August 1987
  • View extract

    Following the worst industrial accident in history, the leak of poisonous methyl isocyanate gas in Bhopal, India and the deaths of more than 2,000 people with injuries to more than 200,000, suits were soon brought in the United States against Union Carbide Corporation, the owner of a little over 50 percent of the stock in Union Carbide India Limited, the owner and operator of the disastrous plant. The American suits were consolidated in one action before the United States Federal District Court for the Southern District of New York. The Federal District Court, however, dismissed the action on the grounds of forum non conveniens, deciding that the Bhopal case would be more properly litigated in India. The District Court's opinion was endorsed by the Federal Circuit Court for the Second Circuit, also concluding that India, not the United States, was the appropriate situs for the trial.