A Study Of Forum Shopping

This article is a systematic study on forum shopping, it includes four most important aspects in this issue: the definition of forum shopping, the incentive of forum shopping, the counter-measures of forum shopping and the evaluation of forum shopping.In the first part of this article, the definition of forum shopping is discussed. The author points out the deficiencies in kinds of current definitions, and presents a brand new definition of forum shopping form the perspective of policy.The second part of this article is about the incentives of forum shopping. The author first analyzes the fundamental condition and incentive of forum shopping, then construe the four material incentives: the substantive law incentive, the choice of law incentive, the procedural law incentive and the other incentives, a great deal of experience and good lessons from foreign countries are provided in this part.The counter-measure of forum shopping is the content of the third part of this article. Some typical measures are chosen, such as forum non conveniens, the transfer of case, anti-suit injunction. The positive effects and deficiencies of these measures are revealed, and the difference between forum non conveniens doctrine and transfer of case measure is also discussed, this can eliminate some confusion among local scholars.The last part of this article portrait the reflection trend on forum shopping in other country, and then make a conclusion on forum shopping issue.