Forum shopping : la necesidad de una definición amplia y neutra.

Abstract

A negative approach towards forum shopping and the reasons to support it have been criticized by legal scholars. Not even legislators openly refuse forum shopping. Indeed forum shopping is present in real life as a possibility that litigants have to face. In fact every lawyer has to consider which is the best possible forum before bringing a claim. Such an assessment is a key component when defining an effective litigation strategy in international disputes. Forum shopping is also possible in situations where parties have chosen to submit their disputes to arbitration. It plays a significant role at the stage of the conclusion of the arbitration agreement as well as at the second and unilateral stage, including attempts to have the arbitration agreement invalidated or to delay arbitration proceedings by bringing proceedings before a national court.