What is the concept of “forum shopping” and how does it relate to international litigation?

“Forum shopping” is a legal concept whereby a litigant attempts to resolve a dispute in the jurisdiction that will prove most beneficial to them. This is a common practice in international litigation, as certain countries may offer certain legal protections that are advantageous to one of the litigants. An example could be a company filing a lawsuit against another in one country, only to move the case to a different country that might grant a more lenient judgment. The ability to “forum shop” for a favorable jurisdiction is a process made possible by international agreements and protocols. For example, a number of countries have signed onto the Hague Convention on Private International Law, which seeks to ensure that international disputes can be resolved in an even-handed manner. When it comes to international litigation that takes place in California, parties must adhere to the same standards as other jurisdictions. This means that forum shopping is largely frowned upon, as it is seen as a manipulative practice designed to give one side an advantage. In addition, due to the complexities of international law and the various legal systems amongst different countries, it is often difficult for one side to definitively predict the outcome of the case in the end. As such, litigants should be wary of engaging in forum shopping and instead focus on finding a jurisdiction that is most likely to deliver a fair and equitable ruling.

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What is the concept of “forum shopping” and how does it relate to international litigation?

What is the concept of “forum shopping” and how does it relate to international litigation?

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