What are the differences between international and domestic forum shopping?

International and domestic forum shopping are both approaches that parties to a lawsuit or dispute use to optimize the outcome of their case. Forum shopping involves parties to a dispute selecting a court or other legal forum that provides the best chance of success for their interests. In international forum shopping, parties select a foreign court or a tribunal in a different jurisdiction to hear their case, while domestic forum shopping involves selecting a court within the same jurisdiction. One of the main differences between international and domestic forum shopping is the range of options available to the parties. For international forum shopping, the parties may select a court or other adjudicatory body located in a different country, while in domestic forum shopping, the parties are limited to the jurisdiction in which they reside. Additionally, international forum shopping may sometimes involve more complex legal analysis as the laws of two or more countries may potentially be at play. Another difference between international and domestic forum shopping is the costs associated with participation. International forum shopping often requires parties to travel to another country for their legal proceedings, which can be much more costly than proceedings held in the same jurisdiction. Additionally, the international forum may lack the familiarity with the dispute that the domestic court might have. Finally, the parties may have different levels of comfort in their foreign or domestic forum selection. International forum selection may provide more anonymity for certain parties, but the foreign forum may be unfamiliar with the nuances of the dispute and with the laws of the parties’ home country. Similarly, parties may choose a domestic forum for the familiarity it provides, but they may be sacrificing anonymity that they could have received in another jurisdiction.

What are the differences between international and domestic forum shopping?

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