Franco Ferrari (New York Univ. - Law) has published
Forum Shopping in the International Commercial Arbitration Context (Sellier 2013). The table of contents is
here. Here's the abstract:
For many, “forum shopping” is a term with disparaging connotations, indicating something “evil”. That is why various policies against forum shopping exist, both on a domestic and an international level.
As for the reasons adduced in justification of this anti-forum shopping stance, they include the assertion that forum shopping goes against the principle of consistency of outcomes, that it overburdens certain courts and creates unnecessary expenses.
May a litigant pursue the most favorable, rather than the simplest or closest, forum? To what extent is forum shopping relevant in the international commercial arbitration context?
The contributions published in this book, written by renowned authors, provide answers to these and more questions.
