Study Forum Shopping Andregulation Methodsin International Civil And Commercial Litigation

In this paper, forum shopping in international civil and commercial litigation chosen for the study, in-depth study of the phenomenon offorum shopping itself, and improve the system of foreign-related civil and commercial jurisdiction in terms of forum shopping. This paper is divided into five parts:The first part is an introduction. It introduces the research background and significance, research methods, possible innovations of this article.The second part is an overview of the forum shopping. Through simple set of national jurisdiction over the exercise of jurisdiction and cause of conflict, conflict leads to the inevitable product of jurisdiction- forum shopping. Elaborated the classic definition of the forum shopping inthe Anglo-American common law, and to break long-standing hostility of the forum shopping, it re-definedas a neutral concept. Introduction of the parties and the selection of the two legal systems deal with different attitudes Court, the Court analyzed the pros and cons of the selection phenomenon. Differences from States jurisdiction is based, diversified basis of jurisdiction on the basis of a different interpretation of the same, the lack of jurisdiction of the International Convention for the Unification of several aspects of the objective conditions of the selection of the court explained, the selection of the court from the parties on the law while avoiding disadvantages exist and the interests of the two aspects of the program analyzes the subjective motivation to pick the court.The third part is the forum shopping’s regulatory methods. This part describes the behavior of the selection of the court can lead to parallel proceedings forum shopping and malicious induction from substantive law method, the conflict of laws method, procedural law method three aspects of the countries of the forum shopping’s regulatorymethods, and these regulatory methods summary and reflection. Discussion of regulatory choose the status quo court that found from our current legislation and judicial practice in our country to choose the court triggered parallel litigation hold a laissez-faire attitude, which with other countries regulate the selection of the court, the pursuit of consistency judgment, promotion of international civil and commercial matters trends in integration and coordination of jurisdiction does not match, it should introduce some mature regulatory approach to guide the rational choice of the parties, to avoid parallel proceedings and contradictory decisions.The fourth part is the revelation of the civil law tradition regulatory methods to China. This part of the agreement jurisdiction, "first appellate" and "admit expectations theory" and refused to recognize and enforce foreign judgments and civil law countries mainly adopts the method of discretion of solving the problem of forum shopping combined with our country’s legislation and judicial practice, to improve the related system in our country.The fifth part is the revelation of the Anglo-American tradition regulatory methods to China. In this part of the country by foreign civil and commercial trial discretion to achieve a breakthrough, explore the “forum non convenience”principles,“anti-suit injunction” regimeof common law tradition applicable feasibility and specific system in China, for China to build a reasonable foreign-related civil Jurisdiction rules and regulateforum shopping’s phenomenon made several recommendations.