Forum Shopping in International Adjudication

The Role of Preliminary Objections

Nonfiction, Reference & Language, Law, International, Social & Cultural Studies, Political Science
Cover of the book Forum Shopping in International Adjudication by Luiz Eduardo Salles, Cambridge University Press
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Author: Luiz Eduardo Salles ISBN: 9781139949309
Publisher: Cambridge University Press Publication: May 22, 2014
Imprint: Cambridge University Press Language: English
Author: Luiz Eduardo Salles
ISBN: 9781139949309
Publisher: Cambridge University Press
Publication: May 22, 2014
Imprint: Cambridge University Press
Language: English

Forum shopping, which consists of strategic forum selection, parallel litigation and serial litigation, is a phenomenon of growing importance in international adjudication. Preliminary objections (or a party's placement of conditions on the existence and development of the adjudicatory process) have been traditionally conceived as barriers to adjudication before single forums. This book discusses how adjudicators and parties may refer to questions of jurisdiction and admissibility in order to avoid conflicting decisions on overlapping cases, excessive exercises of jurisdiction and the proliferation of litigation. It highlights an emerging, overlooked function of preliminary objections: transmission belts of procedure-regulating rules across the 'international judiciary'. Activating this often dormant, managerial function of preliminary objections would nurture coordination of otherwise independent and autonomous tribunals.

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Forum shopping, which consists of strategic forum selection, parallel litigation and serial litigation, is a phenomenon of growing importance in international adjudication. Preliminary objections (or a party's placement of conditions on the existence and development of the adjudicatory process) have been traditionally conceived as barriers to adjudication before single forums. This book discusses how adjudicators and parties may refer to questions of jurisdiction and admissibility in order to avoid conflicting decisions on overlapping cases, excessive exercises of jurisdiction and the proliferation of litigation. It highlights an emerging, overlooked function of preliminary objections: transmission belts of procedure-regulating rules across the 'international judiciary'. Activating this often dormant, managerial function of preliminary objections would nurture coordination of otherwise independent and autonomous tribunals.

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