Forum Shopping and Venue in Transnational Litigation

Erscheinungsjahr 2003
ISBN: 978-0-19-924818-6
Verlag: OUP Oxford

Buch, Englisch, 398 Seiten, Format (B × H): 161 mm x 240 mm, Gewicht: 760 g

The rules by which a venue is selected and settled upon for the resolution of any given transnational dispute have fostered a complex, fascinating and burgeoning body of law of great commercial significance. As courts and legislatures seek to fashion sophisticated yet practical jurisdictional responses to this issue, practitioners strive to maximize their clients' prospects of success by securing their own preferred venue. For so long as different forums yield the prospect of different outcomes in the resolution of any given dispute, litigation about where to litigate is inevitable.

Forum shopping is the province of plaintiffs and defendants alike. This book examines the fascinating competition to win the battle for venue in transnational litigation.

It first identifies and analyses the pre-conditions and incentives for forum shopping. These serve to explain not only the frequent intensity of interlocutory litigation relating to questions of venue but also the reason why much transnational litigation settles once the issue of venue is resolved, in turn underlining the practical significance of the subject. The guiding principle of the 'natural forum' - the common law's conceptual response to disputed questions of venue - is subjected to detailed analysis and compared with the more orderly response of jurisdiction-regulating conventions, most successfully effected in EU Regulation 44/2001 and its progenitor, the Brussels Convention. Then the various techniques of what can be called 'reverse forum shopping' including the evolving law relating to anti-suit injunctions and its interplay with the concept of international judicial comity are considered in detail. Finally, the book examines the role of, and the law relating to, jurisdiction and arbitration agreements in transnational litigation, including the manifold techniques by which parties seek to (and frequently do) extricate themselves from these forum-selection arrangements.

Autoren/Hrsg.

Bell, Andrew S.

Fachgebiete

• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Rechtsvergleichung
• Sozialwissenschaften Politikwissenschaft Internationale Beziehungen
• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht

Inhaltsverzeichnis

- Foreword by Sir Anthony Mason

- 1: Introduction

- 1.1 Transnational litigation and the global economy

- 1.2 Transnational litigation and concurrent jurisdiction

- 1.3 The importance of venue

- 2: Venue and the plaintiff: the incentives for forum shopping

- 2.1 Three dimensions of uniformity

- 2.2 The significance of procedure

- 2.3 Lack of uniformity in domestic law

- 2.4 Divergence in choice of law rules and practice

- 3: Conceptual responses to forum shopping and concurrent litigation

- 3.1 Introduction

- 3.2 Jurisdiction allocated by convention or regulation

- 3.3 Jurisdiction under the common law

- 4: Venue and the defendant: reverse forum shopping

- 4.1 Options for the defendant

- 4.2 Challenging jurisdiction

- 4.3 Staying procedures - forum non conveniens

- 4.4 Anti-suit judgments

- 4.5 Negative declaratory proceedings

- 4.6 Ignoring foreign proceedings

- 5: Venue by consensus: jurisdiction and arbitration agreements

- 5.1 The nature and importance of jurisdiction and arbitration agreements

- 5.2 Escaping the bargain

- 5.3 Conclusion

- 6: Conclusion

Über Autor(innen)

Andrew Bell is a barrister practising at the New South Wales bar in Australia and sometime Vinerian Scholar at the University of Oxford.