Forum Shopping in International Adjudication: The Role of Preliminary Objections

by Luiz Eduardo Salles

Overview

Forum shopping, which consists of strategic forum selection, parallel litigation and serial litigation, is a phenomenon of growing importance in international adjudication. Preliminary objections (or a party's placement of conditions on the existence and development of the adjudicatory process) have been traditionally conceived as barriers to adjudication before single forums. This book discusses how adjudicators and parties may refer to questions of jurisdiction and admissibility in order to avoid conflicting decisions on overlapping cases, excessive exercises of jurisdiction and the proliferation of litigation. It highlights an emerging, overlooked function of preliminary objections: transmission belts of procedure-regulating rules across the 'international judiciary'. Activating this often dormant, managerial function of preliminary objections would nurture coordination of otherwise independent and autonomous tribunals.

Product Details

ISBN-13:	9781139949309
Publisher:	Cambridge University Press
Publication date:	05/22/2014
Series:	Cambridge Studies in International and Comparative Law , #105
Sold by:	Barnes & Noble
Format:	NOOK Book
File size:	589 KB

About the Author

Luiz Eduardo Salles is an attorney at law at Barretto Ferreira e Brancher (BKBG), São Paulo, where he practices international trade and competition law. He holds a PhD in International Law from the Graduate Institute of International Studies, Geneva, and he is also a lecturer in international law at the University of São Caetano do Sul, Brazil.

Table of Contents

Introduction; 1. The rise of 'forum shopping' in international adjudication; 2. Forum shopping and procedure; 3. On preliminary questions and objections; 4. The source and contours of international tribunals' powers to rule on preliminary objections; 5. Jurisdiction and admissibility; 6. International tribunals' discretion to (not) exercise jurisdiction and forum shopping; 7. Principles and rules permitting coordination through the prism of preliminary objections; 8. Conclusion.

Editorial Reviews

"His work is well researched and competently structured and presents a subtle and persuasive argument …"
John G. Merrills, Netherlands International Law Review

"Salles articulates his positions on all these topics with impressive clarity, and on the basis of a wealth of materials and sources. He therefore should be commended for requiring us to re-examine our assumptions about the building blocks of international adjudication. Ultimately, Salles succeeds in laying out in a sophisticated manner the legal rules and judicial practices relating to the procedural aspects of dealing with international forum shopping. In doing this he offers what is probably, to date, the most comprehensive analysis of a difficult problem, which has been experienced, and will continue to be experienced … his ability to described in convincing terms a procedural issue that cuts across different international judicial institutions and to offer a procedural fix thereto is not a small feat by any means."
Yuval Shany, The Journal of World Investment and Trade Law

From the Publisher