Forum Shopping: A Practitioner's Perspective

Forum shopping is often regarded as disreputable. It is argued that the phenomenon is rather the inevitable result of the expansion of global trade and of competition between judges and lawmakers in different jurisdictions. The resulting differential evolution of legal regimes is given publicity by the global media, creating a “market” in competing legal jurisdictions. Governments have tried to intervene, mainly through international conventions, but these have limited scope and have often had unintended consequences. Given that divergence of judicial jurisprudence is here to stay, insurers should refine and use techniques designed to reduce the wastage of money that can otherwise result.