kaal:claim:2029983-015

Geographic tests create the risk of a no man's land transaction: defendants may persuade the courts of every jurisdiction that the transaction took place outside their borders, leaving the transaction governed by no law and with no available forum.

Source quote, verbatim

Alternatively, defendants might successfully persuade courts in all jurisdictions that a transaction took place outside their borders or for some other reason outside their jurisdictions. Such a "no man's land" transaction would be governed by no law and there would be no forum.

From

Wulf A. Kaal, Richard W. Painter, Forum Competition and Choice of Law Competition in Securities Law after Morrison v. National Austral (2012), II. Forum Competition After Morrison, p. 26
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

transactions whose geographic location is ambiguous
courts in all candidate jurisdictions apply geographic tests

Classification

failuresupport: arguedfailure: no-mans-land-transactionfamily: jurisdictional-conflictlaw-and-legal-systems

Verify

The quote above is an exact substring of the source PDF, whose sha256 is fde2ff611420eb283cbb49a6b681a2ae8efa2b4603ae71480e2d91483f0295f2. Extraction method: pdf-text-layer.
Attestation record: colloquium/attestations/53f22fa4e1c42cb9...json
Verify the binding yourself: curl -s https://wulfkaal.github.io/claims/2029983-015.md | sha256sum