Suing a Foreigner? Keep Control of the Case with a Forum Selection Clause


In the world of cross-border litigation, I can tell you that prevention is worth much more than a pound of cure. Battles over where a case is to be litigated are common, and can be so protracted and costly that the parties never reach a determination of the merits of the case. Such battles are common because generally there are tremendous strategic advantages to litigating the case in one’s home jurisdiction, and disadvantages to litigating the case in one's opponent's jurisdiction.

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Published under: Bankruptcy
Related content: Forum Selection Clause, foreign, international,