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Part II Legal Risk and Multistate Litigation, 2 Managing Litigation Risk

From: International Commercial Litigation (2nd Edition)

Richard Fentiman

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 22 May 2024

Litigation risk — Multi-state transactions — Rome I Regulation and choice of law — Jurisdictional and choice of court agreements
2.01 This chapter is concerned with the contractual management of litigation risk. At its simplest, litigation risk is the risk to a contracting party that it will be required to enforce its rights by litigation, or defend proceedings brought by a counterparty. But it has a more nuanced meaning in multistate transactions. Two particular risks arise: venue risk, and enforcement risk. Venue risk is the risk that a party is required to initiate or defend proceedings in an unfavourable forum. It exists because the optimal forum may be legally or practically...
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