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

The concept of “forum shopping” relates to international litigation by allowing individuals or businesses involved in a dispute to choose the best jurisdiction in which to litigate. It refers to the practice of selecting a legal jurisdiction for the purpose of initiating or defending a lawsuit, with the belief that the chosen jurisdiction will be more favorable than an alternative. Forum shopping can be an important factor in international litigation because different countries have different laws and courts, and the legal environment of a jurisdiction can be more favorable to one side of a dispute than another. Parties engaging in international litigation can choose a jurisdiction in which the law is more favorable to the outcome they are seeking. The chosen court may also offer the parties more favorable avenues of resolution or mediation. For example, forum shopping could be used by a plaintiff to select a jurisdiction where court costs are lower, judges are more sympathetic to their claims, or where laws or court decisions have established helpful precedents. On the other hand, a defendant may choose jurisdiction where court costs are higher, or where the law may also limit potential damage awards. In Massachusetts, forum shopping does not come without risk, as a court may decide to refuse to hear a case if it determines that the jurisdiction was selected for forum shopping reasons. Therefore, it is important that parties ensure they are selecting a jurisdiction that is appropriate to the dispute and their legal needs.

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

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