Islamic Republic v. Pahlavi

In Islamic Republic v. Pahlavi, 62 NY2d 474 (1984) the plaintiff alleged that the Shah of Iran and his wife accepted bribes and embezzled money, breaching their fiduciary duty to the Iranian people, Id. The Court of Appeals upheld the dismissal of the action based upon forum non conveniens grounds, since the only connection New York had to the action was the depositing of the monies in New York banks, Id. The Court of Appeals found that even though there was no alternative forum available to obtain relief, the record did not demonstrate a substantial nexus between New York and the plaintiffs cause of action, Id., at 484. The Court of Appeals noted that the rule regarding forum non conveniens is flexible and rests upon considerations of justice, fairness and convenience. The circumstances of the instant litigation unequivocally compel the granting of defendants' motion to dismiss. The court declines to direct removal to an alternative forum or the commencement of another action in light of the current pendency of multiple related matters in Israel which may well provide an appropriate forum for resolution of the dispute.