Abstract
It took 16 months for the U.S. federal court to decide the issue of whether the U.S. is the proper place to try the Bhopal case. Now observers are trying to decide whether the ruling, which dismissed 145 consolidated suits against Union Carbide, was really the watershed event many expected it to be. Earlier in the case, it was generally thought that a decision on the forum issue would shift enough advantage to either Carbide or India to push settlement negotiations between the two to a more fruitful stage. If the cases had remained in the U.S., where high personal injury awards are common and the liberal U.S. code on legal discovery (pretrial evidence-gathering) would apply, the pressure was expected to be on Carbide to bend. Conversely, the ruling—the one the court made—that a trial would have to take place in India, where awards are far smaller, was expected to make India more flexible. So ...
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