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Part IV Commencing and Preventing Proceedings, 7 Strategic Choices

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: 21 May 2024

Subject(s):
Forum shopping and disputes — Restraining foreign proceedings — Abuse of process
7.01 The outcome of international commercial litigation is seldom decided by adjudication on the merits of a claim. Nor are the legal arguments which define any legal proceedings the true core of such disputes. In reality, the law provides the normative framework within which litigants compete for advantage and generally resolve their differences out of court in the light of their best bargaining position. Amongst the numerous choices presented to the parties in multistate disputes, four interlocking issues have particular significance. First, each party must...
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