OPINION
Defendants Deutsche Bahn AG (“Deutsche Bahn”), Deutsche Bahn Auto-Zug AG (“AutoZug”), Deutsche Bahn Reise- & Touristik AG (“R & T”), Janz Volker, Accor S.A. (“Accor”), and Compag-nie Internationale des Wagons-Lits *146 (“CIWLT”), move to dismiss the complaint on various grounds, including sovereign immunity, lack of personal jurisdiction, and forum non conveniens. For the following reasons, the motions are granted.
BACKGROUND
This case arises from the death of five members of the Amore family in a train accident in France. According to the allegations of the complaint, which are accepted as true for the purposes of this motion, the Amores embarked in Paris on an overnight train to Munich on November 6, 2002. The train was operated by the French national railway, Société Nationale Chemins de Fer Francais (“SNCF”), but the railcar to which the Amores were assigned, Railcar 120, was owned and operated by AutoZug, a subsidiary of defendant Deutsche Bahn, the nationally owned rail operator of Germany.
Shortly before two in the morning, the kitchenette of Railcar 120 caught fire. According to plaintiffs, defendant Volker, an employee of defendant R & T and the attendant assigned to Railcar 120 that night, started the fire and, failing to extinguish it, abandoned his post without warning the sleeping passengers in Railcar 120. The complaint further alleges that employees of Accor and CIWLT, who were working in cars adjacent to Railcar 120, failed to timely warn and evacuate the Amores after defendant Volker fled.
The fire quickly raged out of control, blocking the railcar’s interior exits and preventing twelve passengers, including the Amores, from escaping. Although the fire was soon detected and the train stopped, rescue workers were unable to enter Railcar 120 because Volker had locked the exterior doors of the railcar from the inside. The passengers trapped inside their individual compartments were unable to break the windows. By the time firefighters arrived and gained access to Railcar 120, the twelve passengers inside were dead.
Plaintiffs, one of whom is suing individually and all of whom are suing as representatives of the estates of the Amore family, filed this wrongful death and survival action against Volker and a number of corporate defendants connected either directly or through their subsidiaries to the operation of the train on which the Amores were traveling in France. Plaintiffs assert claims of negligence, product liability, and breach of implied warranty. Plaintiffs also seek punitive damages.
On December 11, 2003, plaintiffs consented to the dismissal of two corporate defendants, Accor North America and Stinnes Corporation. Plaintiffs have agreed to dismiss Deutsche Bahn Na-chzug, a defendant named in the caption and discussed in the complaint, but whom plaintiffs concede does not exist. Plaintiffs have also agreed to dismiss ISD-DSG GmbH, which did not exist at the time of the accident and is in liquidation. The remaining defendants now move to dismiss the complaint.
DISCUSSION
The Deutsche Bahn defendants move to dismiss based on sovereign immunity, lack of personal jurisdiction, forum non conve-niens, and the principle of abstention. The Accor defendants move to dismiss the complaint for lack of personal jurisdiction, forum non conveniens, and failure to state a claim.
I. Sovereign Immunity
Deutsche Bahn argues that this court has no subject matter jurisdiction over the claims against it, because it is an agency or instrumentality of a foreign sovereign and therefore immune from suit pursuant to *147 the Foreign Sovereign Immunities Act (“FSIA”), 28 U.S.C. §§ 1603-10. As previously noted, Deutsche Bahn is the national rail operator of Germany, wholly owned by the German government.
The FSIA provides foreign states with immunity from suits in American courts, subject to certain exceptions.
See Verlinden B.V. v. Central Bank of Nigeria,
[A]ny entity ... (1) which is a separate legal person, corporate or otherwise, and (2) which is an organ of a foreign state or political subdivision thereof, or a majority of whose shares or other ownership interest is owned by a foreign state or political subdivision thereof, and (3) which is neither a citizen of a State of the United States ... nor created under the laws of any third country.
28 U.S.C. § 1603(b). Once a defendant makes a prima facie showing that it is an agency or instrumentality of a foreign state, the plaintiff must demonstrate that a statutory exception to immunity applies.
See Cargill Int’l S.A. v. M/T Pavel Dybenko,
Plaintiffs concede that Deutsche Bahn is an instrumentality of the Republic of Germany. They argue, however, that two of the FSIA’s exceptions remove the cloak of immunity from Deutsche Bahn in this case.
The FSIA provides, in relevant part:
A foreign state shall not be immune from the jurisdiction of courts of the United States or of the States in any case—
(1) in which the foreign state has waived its immunity either explicitly or by implication ...; [or]
(2) in which, the action is based upon a commercial activity carried on in the United States by the foreign state; or upon an act performed in the United States in connection with a commercial activity of the foreign state elsewhere; or upon an act outside the territory of the United States in connection with a commercial activity of the foreign state elsewhere and that act causes' a direct .•effect in the United States....
28 U.S.C. § 1605(a).
Plaintiffs argue that Deutsche Bahn waived its immunity pursuant to § 1605(a)(1) when Germany signed the Convention Concerning International Carriage by Rail (“COTIF”), a treaty that regulates litigation arising from railway transportation in signatory countries. Plaintiffs claim, and defendants concede, that each signatory of COTIF, including Germany, has waived its sovereign immunity with respect to damage claims arising from its railway transportation activities in other signatory countries. Each signatory nation has also agreed that personal injury actions arising from railway accidents can be filed only in the country in which the injury occurred. See Convention Concerning International Carriage by Rail (May 9, 1980), app. A, art. 52, § 1. Plaintiffs recognize that the United States is not a signatory of this treaty, but argue that this explicit waiver of immunity from suit in signatory countries is an implied waiver of immunity from suit in the United States within the meaning of the FSIA.
Plaintiffs’ reading of § 1605(a)(1) is too broad. The Second Circuit has stated that the FSIA’s implied waiver provision should be construed narrowly,
see Transatlantic Shiffahrtskontor GmbH v. Shanghai Foreign Trade Corp.,
Plaintiffs also contend that this suit falls under § 1605(a)(2), the commercial activities exception to sovereign immunity. Because it is undisputed that the Amores purchased their train tickets in Europe, and that all of the wrongdoing alleged in the complaint occurred in Europe, the only subcategory of the commercial activities exception potentially applicable here is the third, which removes sovereign immunity when an action is based upon “an act outside the territory of the United States in connection with a commercial activity of the foreign state elsewhere and that act causes a direct effect in the United States.” 28 U.S.C. § 1605(a)(2).
The parties do not dispute that Deutsche Bahn’s provision of rail transportation in Europe is a commercial activity. The significant question is whether the negligence, product defects, and breach of warranty that allegedly contributed to the fire in Railcar 120 — the acts upon which the complaint is predicated — had direct effects in the United States.
In
Martin v. Republic of South Africa,
Texas Trading
also approved the reasoning of
Harris v. VAO Intourist, Moscow,
Obviously the negligent operation of a hotel in Moscow causing the death of a United States resident has effects in the United States; here it leaves aggrieved relatives in this country. But the precise issue is not whether the fire had any effect here, but whether it had a “direct effect” in the United States within the meaning of the statutory language. Indirect injurious consequences within this country of an out-of-state act are not sufficient contacts to satisfy the “direct effect” requirement of section 1605(a)(2).
Id. at 1062. See also Close v. Am. Airlines, 587 F.Supp. 1062, 1064-65 (S.D.N.Y.1984) (holding that an American citizen could not recover for injuries caused abroad by a foreign airline).
Plaintiffs allege that Deutsche Bahn’s conduct outside the United States caused the losses suffered here by the Amores’ surviving relatives, as well as economic losses to Deutsche Bahn- itself resulting from a decline in its United States business following extensive publicity about the accident. But the direct effects of the conduct alleged were the deaths of the Amores in France, and the cases cited above demonstrate that those extraterritorial effects do not provide an exception to Deutsche Bahn’s sovereign immunity. Therefore, the claims against Deutsche Bahn are dismissed for lack of subject matter jurisdiction.
II. Personal Jurisdiction
Plaintiffs bear the burden of establishing that the court may exercise personal jurisdiction over the remaining defendants.
CutCo Indus., Inc. v. Naughton,
A federal court sitting in diversity must apply the law of the forum state in determining whether it may exercise personal jurisdiction over an out-of-state defendant.
Savin v. Ranier,
Because this lawsuit does not arise out of any activity by the nonresident defendants within the state of New York, plaintiffs rely on New York’s “general jurisdiction” provision, N.Y.C.P.L.R. § 301. Personal jurisdiction over a corporation exists pursuant to § 301 if the corporation is “engaged in such a continuous and systematic course of ‘doing business’ [in New York] as to warrant a finding of its ‘presence in this jurisdiction.’ ”
Laufer v. Ostrow,
As discussed in greater detail below, plaintiffs fail to make a prima facie showing of personal jurisdiction over AutoZug and R & T. There are also serious questions whether this court can exercise jurisdiction over Accor and CIWLT.
A. The Remaining Deutsche Bahn Defendants
AutoZug and R & T are two German corporations whose principal business is long-distance passenger train travel in Europe. R & T is a wholly owned subsidiary of an entity called DB Personenverkehr, which is itself a wholly owned subsidiary of Deutsche Bahn. AutoZug is a wholly owned subsidiary of R & T. Thus, each subsidiary exists several rungs down the corporate ladder from Deutsche Bahn.
Plaintiffs have alleged no direct contacts between AutoZug and New York, and only one such contact between R & T and New York. Specifically, plaintiffs allege that R & T contracted directly with U.S. airlines which have operations in New York to develop “rail and fly” packages for U.S. customers. This allegation is insufficient because it does not show that R
&
T conducted a continuous course of business in New York, or even that R & T solicited or executed these contracts in New York. The existence of contractual relationships with entities that happen to have operations in New York does not establish § 301 jurisdiction, because it does not show extensive conduct directed toward or occurring in New York.
See Mantello v. Hall,
Plaintiffs also rely on mere department and agency theories to argue that jurisdiction over' these defendants is proper. Each of these is discussed in turn below.
1. AutoZug and R &T as “Mere Departments” of Deutsche Bahn
First, plaintiffs contend that these German subsidiaries are “mere departments” of Deutsche Bahn, and accordingly share the jurisdictional contacts of their parent.
See Volkswagenwerk Aktiengesellschaft v. Beech Aircraft Corp.,
There is a serious problem with plaintiffs’ attempt to premise personal jurisdiction over the German subsidiaries on Deutsche Bahn’s contacts with New York. Deutsche Bahn is immune from suit in the United States. By alleging that these subsidiaries are mere departments of Deutsche Bahn, plaintiffs are alleging that the subsidiaries are not separate corporate entities at all, but rather alter egos of an immune entity. If, as plaintiffs insist, the subsidiaries’ independent corporate form is a mere facade, and Deutsche Bahn exerts pervasive control over them, then the entities must share Deutsche Bahn’s immunity.
Cf. U.S. Fid. & Guar. Co. v. Braspetro
*151
Oil Servs. Co.,
No. 97 Civ. 6124(JGK),
Plaintiffs respond that the rule of
Dole Food Co. v. Patrickson,
2. DER/REG and Deutsche Bahn as the Agents ofR & T and AutoZug
Alternatively, plaintiffs contend that AutoZug and R
&
T are doing business in New York through an agent. “[A] court of New York may assert jurisdiction over a foreign corporation when it affiliates itself with a New York representative entity and that New York representative renders services on behalf of the foreign corporation that go beyond mere solicitation and are sufficiently important to the foreign entity that the corporation itself would perform equivalent services if no agent were available.”
Wiwa v. Royal Dutch Petroleum Co.,
Plaintiffs argue that these German subsidiaries of Deutsche Bahn are doing business in New York through what is actually two separate entities: Destination Europe Resources (“DER”) and Rail Europe Group (“REG”). REG is based in White Plains, New York. Plaintiffs note that REG advertises itself as the official North American representative of sixty European railways. REG owns DER, a travel wholesaler. Plaintiffs argue that DER/ REG functions as the New York agent of AutoZug and R & T through activities it performs on behalf of their corporate ancestor, Deutsche Bahn: Deutsche Bahn holds DER out as its general agent in the United States on its website for international customers; Deutsche Bahn encourages U.S. customers to purchase all their tickets through DER/REG; and Deutsche Bahn generates significant revenue from ticket sales by DER/REG. Although all of these allegations involve the parent corporation, not the subsidiaries, plaintiffs contend that DER/REG’s activities are sufficiently significant to the business of the subsidiaries, and that the agency theory of jurisdiction is sufficiently broad, to support a finding of jurisdiction over the subsidiaries.
There are several problems with plaintiffs’ argument. Plaintiffs make no allegations sufficient to justify the conflation of two distinct entities — DER and REG. Why plaintiffs choose to combine DER and REG is clear from Deutsche Bahn’s website, which was included as an exhibit attached to plaintiffs’ opposition papers: DER, the entity that Deutsche Bahn holds out as its general agent in the United States, is located in Rosemont, Illinois. The activities of an Illinois-based organization cannot support a finding that AutoZug and R & T are doing business through an agent in New York. And the activities of REG alone do not support plaintiffs’ argument. Plaintiffs concede that REG serves sixty European railways, not Deutsche Bahn and its subsidiaries exclusively. To find that a corporation is doing business in New York through an agent, a plaintiff must show that the agent is “primarily employed by the defendant and not engaged in similar services for other clients.”
Wiwa,
Plaintiffs also argue that Deutsche Bahn itself acts as its subsidiaries’ agent in New York. Again, the complaint contains no allegations that Deutsche Bahn performs any activity in New York on behalf of its
*153
subsidiaries. Plaintiffs rely far too heavily on language in the case law that suggests that common ownership “gives rise to a valid inference as to the broad scope” of an agency relationship.
Frummer,
Plaintiffs have not made a prima facie showing that this court has personal jurisdiction over AutoZug and R & T.
Since there is no jurisdiction in New York over any of the Deutsche Bahn defendants, it is not necessary to reach their argument that this court should abstain from hearing this case in deference to the legal proceedings ongoing in France.
B. Janz Volker
Defendant Volker also moves to dismiss for lack of personal jurisdiction. Plaintiffs offer no allegations with respect to Volker’s contacts with the United States. Therefore, they have failed to make a pri-ma facie showing of personal jurisdiction over Volker.
C. The Accor Defendants
Accor is a corporation organized under the laws of France. It maintains a registered office in Evry, France. It possesses ownership interests in numerous hotel and tourism-related corporations around the world.
CIWLT is a corporation organized under the laws of Belgium. It maintains a registered office in Brussels. CIWLT provides travel-related services throughout continental Europe, focusing on sleeping and dining car services on European trains. Accor has a 99.48% ownership interest in CIWLT.
1. Accor
Plaintiffs offer two theories to support the exercise of jurisdiction over Accor: first, that Accor itself maintains sufficient contacts with New York to fulfill the “doing business” standard of § 301; and second, that the jurisdictional contacts of Ac-cor Leisure, a “mere department” of Accor that is doing business in New York, are properly attributable to the parent. Each of these theories is considered in turn.
a) Accor’s Activities in New York
In determining whether a corporation does business in New York with sufficient regularity to make it amenable to personal jurisdiction under § 301, a court should consider whether the corporation maintains offices, bank accounts, or other property in New York; whether employees of the corporation are present in New York; and whether the corporation solicits business in New York.
See Hoffritz,
The plaintiffs cite the following contacts as sufficient to support general jurisdiction over Accor:
(1) Accor owns more than 15 businesses that are registered to conduct business in New York, and its North American subsidiaries accounted for 22% of its revenue in 2002.
*154 (2) Accor maintains a web of internet sites linking its various subsidiary hotels. Through these websites, Accor solicits U.S. businesses (including New York businesses) to join its affiliate program. By placing a link to Accor’s website on its website, a member of the affiliate program can receive compensation for every booking that Accor obtains through customers directed to it by an affiliate.
(3) Accor encourages U.S. customers (including New York residents) to join one of its “loyalty programs,” through which they can earn credit toward discounts at Accor hotels.
(4) In 1999, Accor announced that it was acquiring Red Roof Inns and Motel 6. As paid; of this acquisition, it received a commitment from Morgan Stanley Real Estate Fund LP to tender its 68.3% stake in those hotel chains. The Morgan Stanley Real Estate Fund is owned by Morgan Stanley Group, Inc., a Delaware company whose principal office is located in New York City.
(5) Accor hired a New York law firm, Proskauer Rose LLP, to perform the legal work necessary to complete these acquisitions, and hired New York-based J.P. Morgan & Company to provide financial advice.
(6) Accor formed a joint venture with a New York venture capital firm, the Blackstone Group, to acquire 52 hotels from Vivendi.
(7) Accor owns two bank accounts in New York.
(8) Accor stock can be purchased in New York on the over-the-counter exchange. The Bank of New York trades Accor’s American Depository Receipts, and Merrill Lynch trades Accor’s ordinary shares. Between 11% and 16.7% of Accor’s equity shares have been held by U.S. institutional or individual investors at various times.
(9) Accor conducted thirty “roadshows” in Europe and the United States in 2002 to promote its equity offerings to potential investors, “presumably” with the assistance of one of its New York-based market makers.
(10) Accor authorized a subsidiary, Accor Economy Lodging Inc., which is registered to do business in New York, to file a Form D with the Securities and Exchange Commission (“SEC”) regarding a stock issuance.
(11) Accor retained the services of three New York-based investment banks to manage a $680 million bond offering in 2001.
(12) Accor maintains strategic partnerships with U.S. companies, such as Delta Airlines. New York residents who are members of Delta’s SkyMiles program can earn credit toward discounts on goods and services through stays in Accor hotels.
(13) Accor has two partnerships with New York-based American Express Company, which involve jointly branded charge cards and a “points” program.
(14) American Express has also owned as much as one percent of Accor stock, making it at one time Accor’s fifth largest shareholder.
(15) Accor’s worldwide internet reservation system generates revenue from New York residents who make reservations for stays at Accor hotels, as well as from non-New York residents who reserve rooms at New York hotels owned by subsidiaries of Accor.
(16) Accor owns 50% of Carlson WagonLit Travel, a travel agency with offices in New York.
These are isolated and scattershot contacts, not the substantial, continuous, and permanent contacts required to support § 301 jurisdiction. Most of them also suffer from other serious deficiencies.
*155
Plaintiffs attempt to blur the line between Accor’s contacts with the United States and its contacts with the State of New York. Because this is a diversity suit, it is defendant’s contacts with the forum state, not with the United States as a whole, that are relevant to the personal jurisdiction inquiry. Conduct directed toward the United States (or, in the case of some of these purported activities, toward the world generally), cannot subject a defendant to personal jurisdiction in a particular state. Accordingly, while New York residents can benefit from Accor’s affiliate program, loyalty programs, internet reservation system, and partnership with Delta Airlines, those benefits do not result from Accor’s having reached into New York to solicit business here, but from the fact that access to these programs is available to anyone in the United States who seeks them out.
See, e.g., Drucker Cornell v. Assicurazioni Generali S.p.A.,
Nos. 97 Civ. 2262(MBM), 98 Civ. 9186(MBM),
Other allegations similarly lack a New York focus. Plaintiffs do not allege that any of Accor’s thirty roadshows were conducted in New York, or that any of the owners of Accor securities are New York residents or entities. Plaintiffs do not allege that Accor Lodging filed forms with the SEC on Accor’s behalf in New York. And plaintiffs do not allege that Accor retained the services of New York investment banks or law firms for bond offerings or corporate acquisitions in New York.
See PaineWebber Inc. v. Westgate Group, Inc.,
Plaintiffs’ allegations that focus more directly on New York suffer from problems as well. The mere fact that Accor owns or partially owns businesses that are registered to do business in New York does not subject Accor to general jurisdiction in New York.
See Ontel Prods., Inc. v. Project Strategies Corp.,
Several of plaintiffs’ allegations depend on Accor’s having done business with entities that are based in New York. None of these allegations, however, indicates whether Accor solicited its partners’ participation in New York or whether any of the business was conducted in New York. “The mere existence of a business relationship with entities within the forum state is insufficient to establish ‘presence.’ ”
Mantello,
Although Accor’s ownership of two bank accounts located in New York is one factor relevant to the jurisdictional inquiry, bank accounts standing alone cannot create jurisdiction unless they are used for “substantially all” of Accor’s business.
See United Rope Distribs. v. Kimberly Line, 785
F.Supp. 446, 450 (S.D.N.Y.1992). Plaintiffs do not make such a claim. Similarly, the fact that Accor’s stock may be purchased in New York, and that Accor retains New York-based market makers to assist in its sales of stock, is another important factor but is insufficient to confer general jurisdiction.
See In re Ski Train Fire in Kaprun, Austria on Nov. 11, 2000,
There is a serious question whether plaintiffs have demonstrated that Accor solicits substantial amounts of business in New York. It is also not clear whether the other contacts which actually involve conduct in New York, such as the maintenance of bank accounts and the sale of securities, constitute additional “activities of substance” sufficient to justify jurisdiction.
Laufer,
b) Accor Leisure as Accor’s “Mere Department”
Alternatively, plaintiffs contend that personal jurisdiction over Accor is proper because Accor’s “mere department,” Accor Leisure, is present and doing business in New York. The Second Circuit has outlined four factors to aid in determining' whether one entity is the mere department of another: (1) common ownership; (2) financial dependency of the subsidiary on the parent; (3) the degree to which the parent interferes in the selection of the subsidiary’s executive personnel and fails to observe corporate formalities; and (4) the extent of the parent’s control over the subsidiary’s marketing and operational policies.
Beech Aircraft,
According to plaintiffs, all of Ac-cor’s subsidiaries are mere departments of Accor, and the following allegations demonstrate that Accor Leisure, in particular, is a mere department of Accor. Ac-cor owns 90% or more of Accor Leisure. Accor sets the financial guidelines for all of its subsidiaries. Specifically, Accor implements cost reduction plans, controls bond offerings, manages financial risks, develops operating budgets, approves capital expenditures, and handles insurance coverage. Accor also interferes with personnel assignments by appointing the heads of its subsidiaries. Accor directs *157 that all of its subsidiaries use a uniform logo that incorporates the Accor name. Accor has also centralized employee recruitment for all of its subsidiaries and developed training programs. Accor has centralized its corporate sales departments, developed a groupwide employee incentive program, and formulated a worldwide environmental policy and hotel risk prevention committee. Accor also controls collective bargaining for all of its European hotels. Finally, Accor’s technology links the reservation systems of all of its subsidiaries.
It is a close question whether these allegations constitute a prima facie showing of jurisdiction over Accor in New York. Aside from common ownership, plaintiffs make only one factual allegation specifically about Accor Leisure: that the parent selected the executive in charge of Accor Leisure. The rest of plaintiffs’ allegations refer generally to all of Accor’s subsidiaries, to the activities of other of Accor’s North American subsidiaries, or to subsidiaries in other parts of the world.
Even if plaintiffs could show that their generalized allegations about Accor’s dealings with its subsidiaries apply with equal weight to Accor Leisure, it is not clear that those allegations demonstrate the pervasive control required to justify jurisdictional veil piercing. Most courts have held that the financial dependency prong of the
Beech Aircraft
test requires not merely that the parent have some control over the finances of the subsidiary, but that the subsidiary would not be able to function without the financial support of the parent.
See Meteoro Amusement Corp. v. Six Flags,
Similarly, control over personnel decisions requires more than the parent’s appointment of a few of the subsidiary’s officers or directors.
See Jazini v. Nissan Motor Co., Ltd.,
With respect to marketing policies, the fact that subsidiaries share a logo, or that the parent decides to present several corporations on a website in a unified fashion, is insufficient to show lack of formal separation between two entities.
See J.L.B. Equities, Inc. v. Ocwen Fin. Corp.,
Plaintiffs have proffered evidence that Accor exercises the kind of control over its subsidiaries typical in any parent-subsidiary relationship. Whether they have alleged the kind of extraordinary control that would justify a finding that Accor Leisure is a mere department of Accor is questionable.
2. Compagnie Internationale des Wagons-Lits
Jurisdiction over CIWLT depends on a determination that this court has personal jurisdiction over its parent, Accor, and then on a determination that CIWLT is a mere department of Accor and should share the jurisdictional contacts of its parent.
As discussed above, a serious question exists as to whether plaintiffs have made a prima facie showing of personal jurisdiction over Accor. Accordingly, it is not clear that this court has personal jurisdiction over CIWLT. Although discovery limited to the jurisdictional question would ordinarily be in order in this situation, defendants’ motion to dismiss can be granted on the alternative ground that New York is an inconvenient forum for this litigation, as discussed below.
■III. Forum Non Conveniens
The Accor defendants contend that New York is a manifestly inconvenient forum for this litigation. “The ‘central purpose’ of
forum non conveniens
analysis is to determine whether a trial will be most convenient and will serve the interest of justice.”
Virgin Atlantic Airways Ltd. v. British Airways PLC,
*159 A. France as an Adequate Alternative Forum
Generally, the alternative forum a defendant proposes is adequate as long as the defendant is amenable to process there and the forum permits litigation of the subject matter of the suit.
See id.
at 254 n. 22,
Plaintiffs contend that France is not an adequate forum because the remedy French courts would provide to them is unsatisfactory. Plaintiffs offer the declaration of Alain Behr, a French attorney, who states that the maximum compensation that would be available to each estate in a French court would be approximately $100,000. Plaintiffs argue that such a remedy is clearly inadequate, given the terrible circumstances of the Amores’ deaths and the seriousness of the misconduct alleged.
Plaintiffs are correct that “in rare circumstances ... where the remedy offered by the other forum is clearly unsatisfactory, the other forum may not be an adequate alternative.”
Id.
But
Piper
is clear that an “unsatisfactory remedy,” in this context, means no remedy at all. The
Piper
Court was concerned about situations in which the alternative forum does not recognize a plaintiffs cause of action, refuses to permit litigation of the subject matter of the suit, or is otherwise seriously flawed.
See id.
at 254 & n. 22,
Because defendants are subject to the jurisdiction of the French courts and those courts will hear plaintiffs’ claims, defendants have shown that France is an adequate alternative forum.
B. Public Interest Factors
The
Gilbert
public interest factors include (1) the administrative difficulties arising from congested courts; (2) the imposition of jury duty on members of a community unconnected to the litigation; (3) a forum’s interest in adjudicating local controversies; and (4) the potential difficulties arising from the application of foreign law.
See Gilbert,
The second and third factors weigh heavily in favor of France. It is important to remember that the Amores booked their tickets in France, on a train owned and operated by SNCF, the state-owned railway of France. The complaint alleges tor-tious conduct on the part of Accor and CIWLT that occurred wholly in France. The complaint alleges wrongdoing by corporations that provide rail services in France and other parts of Europe jointly with SNCF. France has an extremely strong interest in ensuring that its own trains operate safely and that its partners
*160
and affiliates properly maintain and equip their trains and train their employees. France’s active interest in these matters is evident both from the criminal investigation into the accident that is pending in Nancy, France, and from France’s participation in COTIF, which provides for the uniform regulation of train litigation in signatory countries. Unlike
Wiwa,
this is not a case in which the interests of the American and alternative forum are in equipoise.
See Wiwa,
Furthermore, to ask residents of the Southern District of New York to hear what would clearly be a lengthy and complex trial, involving Connecticut residents harmed by activities that occurred entirely in Europe, would be a significant burden.
The first and fourth factors add little weight to the analysis. As plaintiffs point out, the Second Circuit has concluded that the first factor has little or no applicability in this district because of the recent filling of judicial vacancies.
See Guidi
v.
InterContinental Hotels Corp.,
Because France’s interest in this lawsuit is so strong, and because the imposition of jury duty on residents of the Southern District would be a significant burden, the Gilbert public interest factors weigh heavily in favor of France as the appropriate site for this litigation.
C. Private Interest Factors
Gilbert’s
private interest factors include “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,
Weighing heavily in favor of litigation in France is the fact that plaintiffs are unable to proceed against the Deutsche Bahn defendants in this court, and Accor and CIWLT will be unable to implead these parties. “The inability to implead other parties directly involved in the controversy is a factor which weighs against the -retention of jurisdiction in the Southern District of New York.”
Fitzgerald v. Texaco, Inc.,
It is also worth noting that bifurcating the suit, permitting plaintiffs to litigate against some of the defendants in New York, and requiring them to seek relief against others in Europe, would be as inconvenient for plaintiffs as for defendants. Litigation in France would therefore be more convenient for all parties.
The location of the evidence in this case also weighs in favor of France as the appropriate forum. Plaintiffs’ arguments with respect to the location of evidence and witnesses depend heavily on their contention that the French court conducting a criminal investigation into the accident will soon rule on the culpability of the defendants, and defendants will be collaterally estopped from contesting liability in this action. Accordingly, plaintiffs argue that this court should undertake the forum non conveniens analysis as though this were a damages-only case, excluding from consideration access to evidence and witnesses that are relevant only to liability. But plaintiffs have presented no records from the French proceedings or affidavits from parties involved that demonstrate that Ac-cor and CIWLT are involved in the French investigation or that the investigation is as -'wide-ranging in its examination of wrongdoing as the complaint. For these reasons, the res judicata effect of any French ruling is not certain, and it would be inappropriate to foreclose consideration of issues of convenience related to Lability.
Looking at the full range of proof likely to be introduced in this case, what is most striking is that not a single fact witness or piece of documentary evidence relevant to the complaint’s allegations of tortious conduct is located in the United States. Instead, all of the documents, witnesses, and physical evidence that defendants will require to defend this action are located in France, Belgium, or Germany. The breadth of plaintiffs’ complaint, which sounds in negligence, product liability, and breach of warranty, and seeks punitive as well as compensatory damages, ensures that the factual evidence presented in this case will be extensive. Plaintiffs respond by pointing out that their damages evidence is located in the United States, which should cancel out any weight to be accorded to the location of defendants’ evidence. But plaintiffs allude to this evidence in conclusory terms, and do not explain what it consists of or how it approaches in magnitude the evidence that defendants promise to present.
1
To the extent that it consists of expert testimony, it is entitled to little weight in the
forum non conveniens
analysis.
See Brown v. Dow Corning Corp.,
No. 93 Civ. 5510(AGS),
*162
Plaintiffs also argue that defendants are large corporations that can afford the expense of transferring all of their evidence to a foreign tribunal. While- courts do appear to be less sympathetic to defendants’ claims that litigation in a distant forum will be prohibitively expensive when those defendants are corporations with “vast resources,”
Wiwa,
A related factor weighing in favor of litigation in France is defendants’ inability to compel critical third-party witnesses to testify in New York and to compel the production of documents from third parties. For example, the individual most directly responsible for plaintiffs’ injuries, Volker, cannot be compelled to appear here. Plaintiffs argue that defendants have recourse under the Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters, 28 U.S.C. § 1781 note, to compel depositions and document production in foreign countries. However, the evidence defendants would be required to seek through the assistance of foreign courts would be both extensive and critical, coming from the other alleged wrongdoers as well as from the French government’s investigation into the accident. The process of obtaining this evidence would be costly and time-consuming. The massive inefficiency and inconvenience that this would create for defendants and plaintiffs is all the more striking given the existence of an alternative forum where many of these problems would not arise.
Against these factors must be weighed the inconvenience to plaintiffs of litigation in France. Plaintiffs argue that because France does not permit contingent fee arrangements, they cannot afford to litigate their case in France. However, the availability of contingent fee arrangements is only one factor to be considered when analyzing the hardships to a plaintiff of conducting litigation in a foreign forum.
See Murray v. British Broadcasting Corp.,
The Gilbert analysis reveals that this litigation has only a tenuous connection to the United States, let alone to New York. Plaintiffs are American citizens, as were the individuals whose deaths gave rise to this suit. France has a significant interest in ensuring the safety of its railways. Defendants would be burdened by their inability to implead other culpable parties as well as by the cost and difficulty of obtain *163 ing necessary evidence and transporting it to this district. These problems, as well as the fact that litigation here would be inefficient because of this court’s lack of jurisdiction over the Deutsche Bahn defendants, indicates that this action should be dismissed on forum non conveniens grounds in favor of litigation in France.
Accordingly, it is unnecessary to reach the Accor defendants’ argument that the complaint fails to state a claim against them.
CONCLUSION
For the foregoing reasons, defendants’ motions to dismiss are granted.
SO ORDERED.
Notes
. Furthermore, plaintiffs appear to be focusing on damages relevant to their wrongful death claims. By contrast, evidence of decedents' conscious pain and suffering is located in France, particularly in materials generated in the French criminal investigation.
