Forum shopping
Forum shopping occurs when a party structures or files a dispute in a forum perceived as more favourable. Advantages may include speed, costs, interim relief, disclosure rules, damages, applicable law, neutrality or easier enforcement. In Switzerland, jurisdiction agreements, arbitration clauses and treaty rules often limit or channel forum choice, while lis pendens and recognition rules reduce duplicative litigation. Forum shopping is not automatically abusive; it becomes problematic when it undermines fairness, mandatory jurisdiction rules or the effective administration of justice.
Defined in law
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Discussed in decisions
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