Forum Shopping and Venue in Transnational Litigation

Hardcover | December 1, 2002

byAndrew S. Bell

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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 practicaljurisdictional 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 isinevitable.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 judicialcomity 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-selectionarrangements.

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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 practicaljurisdictional responses to this issue, practitioners str...

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

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Format:HardcoverDimensions:496 pages, 9.13 × 6.14 × 1.02 inPublished:December 1, 2002Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199248184

ISBN - 13:9780199248186

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Table of Contents

Foreword by Sir Anthony Mason1. Introduction1.1 Transnational litigation and the global economy1.2 Transnational litigation and concurrent jurisdiction1.3 The importance of venue2. Venue and the plaintiff: the incentives for forum shopping2.1 Three dimensions of uniformity2.2 The significance of procedure2.3 Lack of uniformity in domestic law2.4 Divergence in choice of law rules and practice3. Conceptual responses to forum shopping and concurrent litigation3.1 Introduction3.2 Jurisdiction allocated by convention or regulation3.3 Jurisdiction under the common law4. Venue and the defendant: reverse forum shopping4.1 Options for the defendant4.2 Challenging jurisdiction4.3 Staying procedures - forum non conveniens4.4 Anti-suit judgments4.5 Negative declaratory proceedings4.6 Ignoring foreign proceedings5. Venue by consensus: jurisdiction and arbitration agreements5.1 The nature and importance of jurisdiction and arbitration agreements5.2 Escaping the bargain5.3 Conclusion6. Conclusion