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Forum Shopping Despite Unification of Law

Forum Shopping Despite Unification of Law

Forum Shopping Despite Unification of Law

Author: Franco Ferrari
Publisher: Brill Nijhoff
ISBN: 9789004502918
Published In: October 2021
Format: Paperback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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According to some commentators, forum shopping is an “evil” that must be eradicated. It has been suggested that the unification of substantive law through international conventions constitutes one way to achieve this outcome. This book shows that the drafting of uniform substantive law convention cannot prevent forum shopping.

The reasons are classified into two main categories: convention-extrinsic and convention-intrinsic reasons. The former category comprises those reasons upon which uniform substantive law conventions do not have an impact at all. These reasons range from the costs of access to justice to the bias of potential adjudicators to the enforceability of judgments. The convention-intrinsic reasons, on the other hand, are reasons that relate to the nature and design of uniform substantive law conventions, and include their limited substantive and international spheres of application as well as their limited scope of application, the need to provide for reservations, etc. This book also focuses on another reason why forum shopping cannot be overcome: the impossibility of ensuring uniform applications and interpretations of the various uniform substantive law conventions.

Preliminary Material

Setting the stage: uniform law

Forum shopping: what, why, why not?

Why international uniform substantive law conventions cannot prevent forum shopping: the convention-extrinsic reasons

Why international uniform substantive law conventions cannot prevent forum shopping: the need to resort to private international law as a convention-intrinsic reason

Further convention-intrinsic forum shopping reasons: limitations as to scope, reservations, opt-outs and diverging interpretations

Conclusion

Bibliography

Publications of the Hague Academy of International Law

Centre for Studies and Research

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