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Max Planck Encyclopedia of International Procedural Law [MPEiPro]

Forum Shopping: Investment Arbitration

Hanno Wehland

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 22 April 2021

Subject(s):
Nationality of corporations — Control — Denial of benefits clause — Nationality of investor — Abuse of process — Forum shopping — Time limitations (and jurisdiction) — Parallel proceedings — Contract claims

Published under the direction of Hélène Ruiz Fabri, with the support of the Department of International Law and Dispute Resolution, under the auspices of the Max Planck Institute Luxembourg for Procedural Law.

1 The term forum shopping generally denotes the practice of claimants, in situations where several forums are available to them for the resolution of a dispute, to select the forum they perceive as promising them the most favourable outcome (Baumgartner, 2016, 1). Forum shopping is thus part of a claimant’s litigation strategy. A requirement for the possibility to forum shop is that a claimant’s choice is not limited to submitting a dispute to one particular forum or not submitting the dispute at all, but that she or he can choose between at least two different...
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