Mark Felger, co-chair of Cozen O'Connor’s Bankruptcy, Insolvency & Restructuring practice group, and Barry Klayman, member of the Bankruptcy, Insolvency & Restructuring practice group, discuss three cases from the Delaware Superior Court and the Court of Chancery. The cases illustrate the impact of complex, unsettled issues of foreign law as a factor in the decision to dismiss on forum non conveniens grounds. Two of the cases did not involve the direct application of Delaware law, and the courts were faced with unsettled issues of foreign law. In the third case, Delaware law applied and the complexity of foreign law was sufficient to tip the scale in favor of granting the motion to dismiss on forum non conveniens grounds.
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