Gdg Acquisitions, LLCv.Government Of Belize
GDG Acquisitions alleged that Belize breached a contract for leased telecommunications equipment. The district court dismissed the action on forum non conveniens and prospective international-comity grounds without reaching the merits. The Eleventh Circuit vacated both dismissals. Under Atlantic Marine, the district court first had to decide whether the contract contained a mandatory forum-selection clause that bound Belize and was enforceable. If so, the private-interest factors would favor the selected forum, and the court would then assess the remaining forum non conveniens factors. The Eleventh Circuit also held that prospective international comity did not justify dismissal of this ordinary commercial contract dispute; retrospective comity did not apply because there was no foreign judgment or parallel foreign proceeding. The court remanded for the district court to evaluate the clause and reconsider forum non conveniens under that framework.
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