6. Assuming an alternative adequate forum is found to exist, the court then is expected to weigh the public and private factors identified in the Gilbert and Pipercases. Should courts rethink the Gilbert and Piperapproach given transportation improvements, multilateral treaties providing for service abroad, and other procedural rules that are aimed at making a United States court accessible to foreign litigants? See Derr, Note—Striking a Better Public-

Private Balance in Forum Non Conveniens, 93 Cornell L. Rev. 819, 828–31 (2008) (quoting criticisms of the existing test).