Forum Shopping: A Plea for a Broad and Value-Neutral Definition
NYU Lectures on Transnational Litigation, Arbitration and Commercial Law, Vol. 1, 2013
43 Pages Posted: 1 Aug 2014 Last revised: 28 Aug 2014
Date Written: 2013
A negative approach towards forum shopping and the reasons to support it have been criticized by legal scholars. Not even legislators openly refuse forum shopping.
Indeed, forum shopping is present in real life as a possibility that litigants have to face or to take Advantage of. In fact, every lawyer has to consider which is the best possible forum before bringing a claim. Such an assessment is a key component when defining an effective litigation strategy in international disputes. Forum shopping is also possible in situations where parties have chosen to submit their disputes to arbitration. It plays a significant role at the stage of the conclusion of the arbitration agreement as well as at a later stage, as in the cases when attempts are being made to have the arbitration agreement invalidated or to delay arbitration proceedings by bringing proceedings before a national court. The paper addresses those instances and proposes a value-neutral - and broad - definition of forum shopping applicable in both a Civil Law and Common Law setting.
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