Scholars and jurists seem to find a Scottish origin prior to the first American use of the concept. Some writers see the doctrine of FNC as having developed from an earlier doctrine of forum non competens ("non-competent forum"). Many early cases in the U.S. and Scotland involving FNC were cases under admiralty law. FNC thus may ultimately have a civil law origin, as has been asserted by several writers, since admiralty law is based in civil law concepts.
The doctrine of FNC originated in the United States in Willendson v Forsoket 29 Fed Cas 1283 (DC Pa 1801) (No 17,682) where a federal district court in Pennsylvania declined to exercise jurisdiction over a Danish sea captain who was being sued for back wages by a Danish seaman, stating that "f any differences should hereafter arise, it must be settled by a Danish tribunal." In Scotland, the concept is first recorded in MacMaster v MacMaster (Judgment of 7 June 1833, Sess, Scot 11 Sess Cas, First Series 685.)
Other articles related to "historical origin, historical, origin":
... The Lai Historical Researchers proposed three main sources, such as, Biblical theory, deluge theory and Chhinlung theory ... Despite the fact that the third theory is considered more reliable to trace on origin of Lai ... of Chhinlung in China in any form proved that the origin of the Lai, which is traced back to China, is possible ...
Famous quotes containing the words origin and/or historical:
“Someone had literally run to earth
In an old cellar hole in a byroad
The origin of all the family there.
Thence they were sprung, so numerous a tribe
That now not all the houses left in town
Made shift to shelter them without the help
Of here and there a tent in grove and orchard.”
—Robert Frost (18741963)
“What are your historical Facts; still more your biographical? Wilt thou know a Man ... by stringing-together beadrolls of what thou namest Facts?”
—Thomas Carlyle (17951881)