kaal:claim:2029983-004

Most Forum Competition turns on a jurisdiction's attractiveness to lawyers ex post: such jurisdictions ignore the preferences of transacting parties at the time of contracting and appeal only to the preferences of some parties and their lawyers after a dispute has arisen.

Source quote, verbatim

but most Forum Competition turns on a jurisdiction's attractiveness to lawyers ex post. These jurisdictions ignore the preferences of transact- ing parties ex ante and appeal only to the preferences of some transacting parties and their lawyers after a dispute has aris-

From

Wulf A. Kaal, Richard W. Painter, Forum Competition and Choice of Law Competition in Securities Law after Morrison v. National Austral (2012), Introduction, p. 5
https://ssrn.com/abstract=2029983 · source PDF

Cite as

Wulf A. Kaal, Richard W. Painter, Forum Competition and Choice of Law Competition in Securities Law after Morrison v. National Austral (2012). SSRN: https://ssrn.com/abstract=2029983

Holds when

applies to the ex post variant of Forum Competition, not to ex ante forum selection clauses

Classification

mechanismsupport: arguedeconomicslaw-and-legal-systems

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