"Adl va Ensaf" Comparative Law Researches Quarterly

forum shopping'effect on the interests of the litigants and judicial justice

Document Type : Original Article

Authors

1 Graduate of university of Tehran

2 Faculty board of Azad university

10.22034/aeclr.2024.381853.1109
Abstract
It is highly evident that ',Forum shopping is a critical term in the common law system; nonetheless, such a term is a new concept in the Roman Germanic law used in the case of fraud in relation to the jurisdiction of the courts. Nowadays,, fraud, whether in relation to the law or in regards to the choice of court jurisdiction, with the intention of harming the defendant and attaining the interests of the plaintiff; It is one of the cases for sure caused deep concerns in the private relations of people in the international level. In this article, the concept of common law regarding forum shopping is debated in terms of private international law, viewed as one of the difficulties to the implementation of foreign law in the common law precedent, since this matter of importance never be regulated in Iran's legal system and codified law; therefore this article suggested some ways to prevent its occurring.

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