(concurring):
I concur without, however, retreating from the view I took initially in dissent in Fitzgerald v. Texaco, Inc., 521 F.2d 448, 456 (2d Cir.1975), cert. denied, 423 U.S. 1052, 96 S.Ct. 781, 46 L.Ed.2d 781 (1976), that the entire doctrine of forum non conveniens should be reexamined in light of the transportation revolution that has occurred in the last thirty-six years, or the view I expressed in dissent in Alcoa Steamship Co. v. M/V Nordic Regent, 654 F.2d 147, 164-65 (2d Cir.) (en banc), cert. denied, 449 U.S. 890, 101 S.Ct. 248, 66 L.Ed.2d 116 (1980), that a limitation upon or denial of recovery is in and of itself a ground for not dismissing on the basis of forum non conveniens, particularly where an American plaintiff is being relegated to foreign courts. The instant case, however, is the exception that probes what would be my rule. The contract for maintenance and modification services under which the Overseas National Airlines plane was delivered to Cargolux Airways International, S.A., specifically provides that disputes over services rendered under the contract would be resolved in Luxembourg under Luxembourg law. While arguably that contract does not control the plaintiff’s negligence claim, at least it shows that the plaintiff did not consider *15that the law or the courts of Luxembourg would be hostile to it. Given the other facts referred to in Judge Pierce’s opinion, dismissal in this instance seems entirely appropriate.
I would add, however, a single word as to the general proposition that dismissal on forum non conveniens grounds is in the “discretion” of the district court. See, e.g., Piper Aircraft Co. v. Reyno, 454 U.S. 235, 257, 102 S.Ct. 252, 266, 70 L.Ed.2d 419 (1981). As Judge Friendly’s recent article, Indiscretion About Discretion, 31 Emory L.J. 747 (1982), points out, “[d]eference to [djiscretion [ijs a [mjatter of [djegree.” Id. at 762. The language of Piper, as Judge Friendly respectfully notes, goes rather too far in terms of deference to a district judge’s view on what is really a matter of law. Id. at 748-54. In short, I think we must closely review forum non conveniens decisions by the district court. But even under the closest scrutiny I think the present case was properly dismissed.