# kaal:claim:2029983-004

**Claim.** 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.

**Type.** mechanism  **Support.** argued

**Holds when.**

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

**Source quote.**

> 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, page 5

**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

**Verify.** sha256 of source PDF `fde2ff611420eb283cbb49a6b681a2ae8efa2b4603ae71480e2d91483f0295f2` at https://raw.githubusercontent.com/wulfkaal/Academic-Papers/main/papers/pdf/Kaal%20and%20Painter%20-%202012%20-%20Forum%20Competition%20and%20Choice%20of%20Law%20Competition%20in%20Securities%20Law%20after%20Morrison%20v.%20National%20Austral.pdf

**Topics.** economics, law-and-legal-systems

**Keywords.** forum-competition, plaintiffs-bar, ex-post-litigation, jurisdictional-competition

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