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Wahlgerichtsstand

Substantiv

partial

forum shopping

noun

Comparative law notes

Switzerland

In the US, there is a concept closely related to an elective judicial forum. This phrase, and particularly the term "shopping", has a somewhat cynical connotation as plaintiffs actively seek out jurisdictions that have become known as "plaintiff-friendly", even when there is little or no connection between the legal issues and the jurisdiction in which they are to be litigated. The German term has a more neutral connotation: the plaintiff simply has an option to choose between two different courts, each with jurisdiction over the case. Thus, we would recommend a more neutral translation: "elective judicial forum".

Definitions of forum shopping

English

filing a lawsuit in the jurisdiction (of several available) most likely to bring a favourable outcome for the claimant

The case is an example of forum shopping in which a defendant sues in the country it thinks will produce the most favourable verdict.