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

Forum shopping is the process of selecting the most favorable court or country to litigate a dispute. It is often seen in cases involving international litigation, when the parties hope to gain a more favorable outcome by pursuing legal action in a jurisdiction with particular laws or legal precedents that could work in their favor. For example, if the plaintiff is looking to obtain a large monetary award in damages, they might pursue their case in a country that has laws in place that allow for more generous awards. Or, if one party is hoping to delay the proceedings, they may file the action in a jurisdiction with a backlog of legal procedures or a reputation for lengthy trial timelines. Rather than choosing a court based solely on geographic proximity or the applicable law, forum shopping allows the parties to consider a number of different factors in order to determine the most favorable court or jurisdiction. This can include a country’s laws, its courts’ history of decisions, its court system’s speed and efficiency, and the likelihood of a plaintiff wining the case. Additionally, forum shopping can be used strategically to benefit the plaintiffs or defendants in an international litigation case. For example, a defendant might seek to avoid the higher damages awards found in their own home country by filing a case in a country with lesser penalties. In contrast, a plaintiff could seek to avoid the time delays of pursuing legal action in a larger country by filing in a smaller, less burdened court system. Ultimately, forum shopping can be a powerful tool for parties looking to give themselves the best chance for success in an international litigation case. It can allow them to make informed decisions about the most effective court or country to pursue their legal action.

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

Related FAQs

Related Blog Posts