# Forum unbundling

`kaal:entity:forum-unbundling`

**Status.** derived

This node is assembled mechanically from the 2 claims that carry the concept tag `forum-unbundling`. It is a roster of what the corpus says under this term. It is **not** an adjudicated definition: no single statement here has been ruled canonical, and no first-appearance call has been made. Read the claims and judge for yourself.

## Every claim under this term

2 claims across 1 works, 2004 to 2004.

**2004**

- [617681-033](https://wulfkaal.github.io/claims/617681-033) [definitional/asserted] -- Forum unbundling is the arrangement in which the incorporation jurisdiction's statutes and interpretive case law are unbundled only from the adjudication services of its courts, so corporations may choose a different adjudicator in their charters.
  > The second alternative is "forum unbundling" in which the incorporation jurisdiction's statutes and interpretive caselaw are unbundled from the adjudication services of its courts. Corporations may in their charters choose an adjudicator other than the courts of the state of incorporation.
  Christian Kirchner, Richard W. Painter, Wulf A. Kaal, Regulatory Competition in EU Corporate Law after Inspire Art Unbundling Delaware's Product for Euro (2004). SSRN: https://ssrn.com/abstract=617681
- [617681-035](https://wulfkaal.github.io/claims/617681-035) [failure/argued] *(failure mode)* -- Choosing another Member State's courts as the forum can silently strip substantive rights: if the forum state treats an unavailable remedy such as money damages as procedural and refuses to hear the claim, the charter has opted out of substantive law of the state of incorporation that ordinarily could not be waived.
  > If so, the corporate charter, by selecting Member State B as a forum opts out of an important part of the substantive corporate law of Member State A, even if Member State A ordinarily does not allow corporate charters to opt out of suits for money damages.
  Christian Kirchner, Richard W. Painter, Wulf A. Kaal, Regulatory Competition in EU Corporate Law after Inspire Art Unbundling Delaware's Product for Euro (2004). SSRN: https://ssrn.com/abstract=617681

## Verify

Every claim above resolves to a record carrying a verbatim source quote, the sha256 of the source PDF, and a preformatted citation. Nothing here asks to be taken on trust.

    curl -s https://wulfkaal.github.io/entities/forum-unbundling.md | sha256sum

**Canonical form.** This markdown file is the canonical hashed representation of this entity node. Its sha256 is the content hash.