Factors considered in selection of adjudicating forum.

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A determination of the adjudicating forum shall be made in consideration of the following factors:

(1) The interests of justice among the parties and of world-wide justice;

(2) The public policies of the countries having jurisdiction of the dispute, including the interest of the affected courts in having proceedings take place in their respective forums;

(3) The place of occurrence, and of any effects, of the transaction or occurrence out of which the dispute arose;

(4) The nationality of the parties;

(5) Substantive law likely to be applicable and the relative familiarity of the affected courts with that law;

(6) The availability of a remedy and the forum likely to render the most complete relief;

(7) The impact of the litigation on the judicial systems of the courts involved, and the likelihood of prompt adjudication in the court selected;

(8) Location of witnesses and availability of compulsory process;

(9) Location of documents and other evidence and ease or difficulty associated with obtaining, reviewing or transporting such evidence;

(10) Place of first filing and connection of such place to the dispute;

(11) The ability of the designated forum to obtain jurisdiction over the persons and property that are the subject of the proceedings;

(12) Whether designation of an adjudicating forum is a superior method to parallel proceedings in adjudicating the dispute;

(13) The nature and extent of litigation that has proceeded over the dispute and whether a designation of an adjudicating forum will unduly delay or prejudice the adjudication of the rights of the original parties; and

(14) A realigned plaintiff's choice of forum should rarely be disturbed.

(P.A. 91-324, S. 12.)


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