Part IV Selected Issues for Further Study, E Comparing Arbitration and Court Selection, 2 Bridging the Gap in Forum Selection

You shall not be partial in judgment … Deuteronomy 1:17 The fear that foreign judges might not always respect Moses’ admonition to impartiality often leads business managers to seek enhancement of adjudicatory neutrality through various forum selection devices. Concern to avoid the other side’s “home court advantage” usually results in either an arbitration agreement (entrusting the controversy to a private decision-maker) or a court selection clause (granting power to courts at a designated location). Both mechanisms tend to enhance political and procedural...