Can someone claim that a particular forum is inconvenient after challenging service through a proxy (the recipient), thus essentially "shadow litigating" intensively for an extended period of time? In other words: is there a common law rule that bars invocating forum non conveniens after effective participation in the litigation? The example would be: an agent was served and contested service, but it was the principal who called the shots and paid the legal bills for the drawn out litigation on that point - effectively "shadow litigation." Would the principal then be barred from the claiming that the forum was inconvenient for litigation on the merits?

  • are we talking corporations being sued? Or is agent here a lawyer hired by the answering party? – Trish Nov 15 '20 at 19:52
  • Defendant in country A was sued in country B, and a business agent was served on her behalf in country B. Service was approved, but only after extended and expensive litigation, that was (secretly) directed by the defendant. Two years later she claims that country B is forum non conveniens. Would she be estopped since she conducted litigation behind the scenes on the question of service? I seem to remember a common law principle to that effect, but it escapes me... – Mike Nov 15 '20 at 19:55
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    Please edit to incorporate these informations and clarify what you want. Note that Legal Advice is banned here. – Trish Nov 15 '20 at 20:02
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    The identity of Country A is probably relevant. Different jurisdictions have different rules for forum non conveniens. – bdb484 Nov 15 '20 at 20:05
  • I am specifically avoiding the identity of the countries so as to focus on the common law rule, and avoid Legal Advice. I am fascinated by the growth of the rule in different directions (especially in this day and age of the global world). The rule has the ring of equity to it, which might bar any manipulative use. But it also has a very practical side to it, balancing systemic and personal costs. These are considerations of contrasting jurisprudences. My encounter with the particular case has aroused my curiosity - but also my frustration at its elusiveness. – Mike Nov 15 '20 at 20:14

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