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Brief Analysis of the New Development of Forum Shopping in Cross-Border Civil and Commercial Fields ----Take the Establishment of SICC and CICC as Examples

Ruyu Xue

Abstract


Taking SICC and CICC as examples, the selection system of judges, litigation procedures and dispute resolution procedures are in line with the fundamental interests of the parties and cater to the international developing trend. although the phenomenon of forum shopping has its rationality and legality, the parties’ preference for consensual jurisdiction has restrained the development of forum shopping to some extent. Therefore, the development of international commercial courts readjusts the role of forum shopping in the Jurisdiction Area.

Keywords


Forum shopping;International commercial courts;Consensual jurisdiction

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References


[1] Ely, John Hart: The irrepressible myth of Erie, Harvard Law Review (1974): 693-740.

[2] Friedrich K. Juenger: Forum shopping, domestic and international,Tul. L. Rev.63, 553 (1988).

[3] Harvard Law Review Association: Forum Shopping Reconsidered, Harvard Law Review 103.7 ,1677-1696 (1990).




DOI: http://dx.doi.org/10.18686/ahe.v7i27.10486

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