# kaal:claim:2029983-015

**Claim.** 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.

**Type.** failure  **Support.** argued

**Holds when.**

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

**Source quote.**

> 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, page 26

**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

**Failure mode.** no-mans-land-transaction  (family: jurisdictional-conflict)

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

**Keywords.** no-mans-land, transactional-test, jurisdiction, extraterritoriality

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