Compania Naviera Joanna SA and Anr v Koninklijke Boskalis Westminster BV and Anr – US Court of Appeals (4th Circuit) (Niemeyer and Shedd Ct JJ and Thomas D Schroeder DJ) – 26 June 2009

Conflict of laws – Forum non conveniens – Collision between vessels in Chinese waters – Both vessels sustaining damage – No connection with USA – One party bringing limitation action and claim for damages in China – Opposing party bringing eight sets of proceedings in United States – First party commencing limitation action in United States to enjoin the eight actions and then applying to dismiss its own limitation action on forum non conveniens grounds – Assertion by opposing party that any claim in Chinese proceedings would now time-barred – District court enjoining the eight actions and then granting motion to dismiss limitation action – Whether district court correctly exercised its discretion