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.
Franco Ferrari is Professor of Law and the Director of the Center for Transnational Litigation, Arbitration, and Commercial Law at NYY School of Law. He is also a former legal officer at the UN Office of Legal Affairs, he has published more than 300 law review articles, encyclopedia entries and book chapters in various languages, and 35 books in the areas of international commercial law, conflict of law, comparative law and international commercial arbitration.
ISBN13 978-90-04-50291-8 EAN 9789004502918 Titre Forum Shopping Despite Unification of Law Date de parution 01/10/2021 Nombre de pages 446 Type d'ouvrage Colloques, études et rapports Support Livre Langue Anglais Auteur(s) Franco Ferrari Editeur / Collection / Sous-collection Martinus Nijhoff / Académie de Droit International de La Haye Thème Droit > Droit commercial et des affaires > Droit du commerce international Thème secondaire Droit > Droit international et étranger > Droit international privé Format Papier