Draper & Draper acts as counsel to amici curiae Canadian law Professors Joost Blom, K.C., and Dr. Aubin Calvert in a case before the United States Supreme Court concerning the important international legal doctrine of forum non conveniens. The case, which is on a petition for Writ of Certiorari from the Tenth Circuit Court of Appeals, if accepted by the Supreme Court, promises to provide clearer guidance to courts on when they may dismiss cases in favor of parallel litigation in foreign countries.
The petition in Falkbuilt Ltd. et al., v. DIRTT Environmental Solutions, Inc., et al., seeks Supreme Court review of a lower court decision limiting the discretion of courts to dismiss cases in favor of foreign courts that are otherwise found to be more appropriate forums. Forum non conveniens is a key doctrine that regulates the venue in which disputes are heard, and international comity.
Professor Blom is the former Dean of the University of British Columbia Peter A. Allard School of Law. He is a leading expert in international conflict of laws and transnational litigation. Dr. Calvert is a former Canadian Supreme Court clerk and is a practicing Canadian constitutional lawyer who teaches conflict of laws at the Peter A. Allard School of Law.
Draper & Draper specializes in international arbitration, transnational litigation, and U.S. Supreme Court litigation.
Partner Matthew Draper, who acts as Counsel of Record to Professors Blom and Calvert, is a New York-based international disputes lawyer ranked by Chambers & Partners 2023 Global Guide and Who's Who Legal. His practice focuses on international arbitration, as both arbitrator and counsel. In addition, Matthew litigates the enforcement of arbitration agreements and awards in U.S. courts, and provides expert legal opinions to foreign courts on U.S. arbitration law. He is a Fellow of the Chartered Institute of Arbitrators and Vice Chair of its New York Branch. Matthew serves on the ICC Commission for Arbitration and ADR, and is Chair of the USCIB/ICC USA Arbitration Committee's Sole Practitioner's Group. He was co-Chair of New York Arbitration Week 2021.
Partner Corinne Atton, who was also on the brief, acts as counsel in international arbitration and U.S. Supreme Court litigation. Her practice focuses on technology disputes, international and transboundary water disputes, and climate change. She is a co-founder of the Climate IP Initiative and has extensive advocacy and trial experience, including before the U.S. Supreme Court, the U.S. Court of Appeals for the Federal Circuit, Federal District Courts, New York State Courts, and before the Court of Appeal and Chancery Division of the High Court of England and Wales.