Recent Private International Law Scholarship
I have just posted a few recent pieces on SSRN that relate to private international law. These pieces are on forum non conveniens in U.S. courts, the role of ethics in international law, and international investment law. I would welcome any comments.
As to the fnc paper, in what sense is it (p 170 refers) forum shopping to come to the US where a defendant is established, and sue it, and allow it to defend itself, in its home court ? It never really seemed convincing to contend that suing the US defendant before its own court (or before courts which were in some sense its own, and which were plainly not the claimant’s court) was forum shopping. By all means allow the case to be dismissed, but not, surely, on the basis that the claimant was shopping where he had bo business being. (2) is there a typo at the foot of p 177 ? (3) is it really helpful, or even sensible, to ask where a judgment is likely, several years from now, to be enforced ? The paper was jolly interesting, but its broad perspective is not one which everyone will instantly share.