What is the concept of “forum shopping” and how does it relate to international litigation?
Forum shopping is an important concept in international litigation law. It refers to the practice of selecting the most favorable court or jurisdiction to pursue a legal claim. Litigants may choose a court or jurisdiction depending on the laws and regulations affecting the dispute, the legal history of the area, and the expected outcome. Forum shopping can be beneficial for both plaintiffs and defendants. For plaintiffs, forum shopping can provide more favorable conditions to pursue a legal claim. This can include a more plaintiff-friendly set of laws, more lenient Judges, or more time and resources to build a case. For defendants, choosing a favorable court or jurisdiction can help avoid a large settlement or costly litigation. However, the practice of forum shopping is regulated by international laws and conventions. International conventions may include rules that restrict international forum shopping. In North Carolina, the UNCITRAL Model Law on International Commercial Arbitration and the Hague Choice of Court Agreement are two examples of rule-based regulation on forum shopping. Therefore, forum shopping is an important concept for anyone considering international litigation. By understanding the rules and regulations governing forum shopping, litigants can make informed decisions on the best court or jurisdiction to pursue a legal claim.
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