the convenience of the litigants, and a list of 'public interest factors' affecting the convenience of the forum." Piper Aircraft Co. v. Reyno, at , 102 S. Ct. at 258.
The threshold question of availability of an alternative forum does give us some pause, for the law and customs and practices of Abu Dhabi, United Arab Emirates, are not matters with which we are greatly familiar. Nonetheless, plaintiffs have not brought to our attention and we are not aware of any information that would lead us to conclude that this is one of those "rare circumstances... where the remedy offered by the other forum is clearly unsatisfactory... [so that] the other forum may not be an adequate alternative...." Reyno at n.22, 102 S. Ct. at 265, n.22. Cf. Phoenix Canada Oil Co. Ltd. v. Texaco, Inc., 78 F.R.D. 445 (D.C.Del. 1978), in which the court refused to dismiss in favor of the proposed alternative forum of Ecuador, for among other reasons, uncertainty as to Ecuador's ability to obtain jurisdiction over the defendants, and possible lack of legal remedy in Ecuador for the legal theories advanced by the plaintiff. Id. at 456. Unlike that court however, as discussed below, this court finds the other factors which must be considered in deciding forum non conveniens questions to weigh in favor of dismissal. Thus we believe that the mere unsubstantiated possibility that the United Arab Emirates is not an adequate alternative forum is not enough to warrant imposition upon this court's jurisdiction of a case which really ought to be heard in that other forum. Dismissal seems particularly appropriate when conditioned upon those requirements set out at the end of this opinion. In addition, we are persuaded to dismiss even after careful reading of the thoughtful opinion in Fiorenza v. United States Steel International, Ltd., 311 F. Supp. 117 (S.D.N.Y.1969), and the cases relied on therein. The court there held that when an alternate forum "is not truly available for any reason... the doctrine of forum non conveniens will not be applied to dismiss the action," and found that the "prospective unavailability of the alternate forum in the Bahamas outweigh" other factors favoring dismissal. Id. at 121. In our view, the prospective unavailability of an alternate forum in the United Arab Emirates is but pure conjecture. Had we before us some tangible support for the proposition that the alternative forum is clearly inadequate, we might have reached a different result.
In ruling on the existence and adequacy of an alternative forum issue in particular, and on the balancing of conveniences in forum non conveniens cases in general, it is now clear that dismissal may not be defeated "merely by showing that the substantive law that would be applied in the alternative forum is less favorable to the plaintiff than that of the present forum." Piper Aircraft Co. v. Reyno, U.S. at , 102 S. Ct. at 261.
Neither the briefs or other material supplied to the court by the parties, nor the research conducted from resources available to this court in the time since defendant's motion was filed, is sufficient for us to determine with any certainty just what the law of products liability, negligence, and personal injury is in the United Arab Emirates. Nevertheless, it need not equal that of Pennsylvania in order for dismissal to be proper. Less favorable law and chance of recovery does not by itself bar dismissal. Id. at , 102 S. Ct. at 262. Indeed, if the law was otherwise the court would find itself engaged in just those difficult interpretations of the law of foreign jurisdictions and complex exercises in comparative law that the doctrine of forum non conveniens was designed, in part, to avoid. Id. For that reason, despite our lack of clarity regarding the exact nature of the law in the alternative jurisdiction, we are constrained to dismiss this case. Even assuming that the law is less favorable to plaintiffs, as already noted in II(A), above, it simply has not been demonstrated that dismissal will deprive plaintiffs of any remedy at all. See Id. at , 102 S. Ct. at 265.
One other matter deserves attention before turning to the Gulf Oil v. Gilbert analysis. We are presented not with a plaintiff who is a resident of some foreign country, but with a plaintiff who, albeit not a citizen, is a permanent resident of the United States and whose choice of forum is his country of residence. Thus this case differs in that respect from Piper Aircraft Co. v. Reyno. However, some guidance is provided by the Supreme Court in that case. The court recognized a "distinction between resident or citizen plaintiff and foreign plaintiffs... [as] fully justified." Id. at , 102 S. Ct. at 266. The court reasoned that "a plaintiff's choice of forum is entitled to greater deference when the plaintiff has chosen the home forum... [because] [when] the home forum has been chosen, it is reasonable to assume that this choice is convenient. When the plaintiff is foreign, however, this assumption is much less reasonable... [so that] a foreign plaintiff's choice deserves less deference." Id. In the accompanying footnote, the court was careful to note that despite the greater deference given a resident plaintiff suing at home, forum non conveniens is nonetheless available to the court in appropriate circumstances.
"Citizens or residents deserve somewhat more deference than foreign plaintiffs, but dismissal should not be automatically barred when a plaintiff has filed suit in his home forum. As always, if the balance of conveniences suggests that trial in the chosen forum would be unnecessarily burdensome for the defendant in the court, dismissal is proper."
Id. at , n.23, 102 S. Ct. at 266, n.23.
Two things are apparent from these remarks. First, it seems that for forum non conveniens purposes no distinction is made by the court between a citizen and resident, and a resident who is not a citizen is not considered a foreign plaintiff. Thus, this case may not be dismissed merely because the plaintiffs are residents but not citizens of the United States. Second, a suit brought by a non-citizen resident in his home forum may still be dismissed on grounds appropriate in forum non conveniens cases.
Even though we extend to the resident plaintiffs in the case sub judice greater deference in their choice of forum than given the foreign plaintiffs in Reyno by the Supreme Court, or than given the foreign plaintiffs by this court in Harrison v. Wyeth Laboratories, 510 F. Supp. 1 (E.D.Pa.1980), aff'd, 676 F.2d 685 (3d Cir. 1982), our following analysis of the Gilbert factors clearly points to dismissal.
The Supreme Court has summarized the Gulf Oil v. Gilbert balancing test as follows:
"The factors pertaining to the private interests of the litigants included the 'relative ease of access to sources of proof; availability of compulsory process for attendance of unwilling, and the cost of obtaining attendance of willing, witnesses; possibility of view of premises, if view would be appropriate to the action; and all other practical problems that make trial of a case easy, expeditious, and inexpensive.' Gilbert, supra, at 508 [67 S. Ct. at 843]. The public factors bearing on the question included the administrative difficulties flowing from court congestion; the 'local interest in having localized controversies decided at home'; the interest in having the trial of a diversity case in a forum that is at home with the law that must govern the action; the avoidance of unnecessary problems in conflicts of law, or in the application of foreign law; and the unfairness of burdening citizens in an unrelated forum with jury duty. Id., at 509 [67 S. Ct. at 843]."