Forum (and Law) Shopping

Forum (and Law) Shopping

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Description

According to some courts, '[f]orum shopping is a dirty word' (Atlantic Star v Bona Spes [1974] AC 436, 471). Although this may be an exaggeration, it is true that there is hostility towards 'forum shopping' and that the term has disparaging—if not pejorative—connotations (Friedrich K Juenger, 'Forum Shopping, Domestic and International' (1989) 63 Tul.L.Rev. 553, 553), indicating something that commentators and courts consider to be, if not 'evil', at least deplorable and, therefore, must be deterred. It is to reach that goal that various policies against forum shopping have developed on both a local and broader level.

Source Publication

Encyclopedia of Private International Law

Source Editors/Authors

Jürgen Basedow, Giesela Rühl, Franco Ferrari, Pedro de Miguel Asensio

Publication Date

2017

Volume Number

1

Forum (and Law) Shopping

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