This section contains the nature of the case and procedural background.

Union Carbide's (D) chemical plant in India leaked poison gas and caused the deaths of 2000 people and injuries to hundreds of thousands. Actions were commenced against D in United States District Courts. The Union of India (UOI) then enacted a law which gave the Indian Government the exclusive right to represent the victims. UOI then sued D on behalf of all victims in the United States District Court of the Southern District of New York. D then moved to dismiss under forum non conveniens. That motion was granted because UOI refused to endorse a settlement tentatively reached with individual plaintiffs under the condition that D (1) consent to adjudicatory authority of India and waive statute of limitation defenses, (2) agree to satisfy any judgment by Indian Courts if it comports with minimal requirements of due process and (3) make itself subject to discovery under U.S. FRCP. D appealed.

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