entity · derived
Forum competition
Derived node: assembled mechanically from the claims carrying forum-competition. A roster, not an adjudicated definition.
Every claim under this term
- 2029983-003 : The authors stipulate that jurisdictions which take steps only to expand the jurisdiction of their courts as venues for litigation, rather than to attract transactions, engage in Forum Competition.
- 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 p
- 2029983-021 : The Dutch unfair trade practice and misrepresentation provisions invoked in Fortis, taken together, approximate the legal protections available in the United States under Section 10(b) and Rule 10b-5,
- 2029983-026 : Given the Fortis and Converium decisions, it is conceivable that Dutch courts will expand their extraterritorial reach beyond the enforcement of settlements to cases litigated as class actions.
- 2029983-027 : Because the Dutch Supreme Court's World Online presumption of reliance can be extended to ad hoc disclosure violations and misleading periodic reports, the Dutch legal system could compete effectively
- 2029983-030 : Canada could engage in Forum Competition with the United States if its courts allow suits under Canadian law over all transactions in securities listed for trading in Canada, even transactions execute
- 2029983-039 : If Forum Competition between the United States and Europe expands, the acceptable outer bounds of jurisdictional competition may eventually have to be defined by treaty or other multilateral agreement