Preliminary Discussion:

Private International Law

26 BATCH
2 ND SEMESTER LL.M.
 Forum shopping

 Forum shopping is a colloquial term for the practice

of litigants having their legal case heard in the court thought
most likely to provide a favorable judgment.
Some jurisdictions have, for example, become known as
"plaintiff-friendly" and so have attracted litigation even when
there is little or no connection between the legal issues and
the jurisdiction in which they are to be litigated.

 The practice of choosing the court in which to bring

an action from among those courts that could
properly exercise jurisdiction based on a
determination of which court is likely to provide the
most favorable outcome
 Examples include the attraction of foreign litigants
to the United States due to its expansive acceptance
of personal jurisdiction and favorable litigation
climate, and the United Kingdom for its stricter
defamation laws and generous divorce settlements.
 The term has become adopted in a wider context for
the activity of repeatedly seeking a venue or willing
listener for a concern, complaint or action, until one
is found.
 Terms Used in Private International Law

 Lex Domicilii- Law of the domicile. The law of the

country where a person is domiciled.
 Lex Loci Contractus-The law of the country where a
contract is made.
 Lex Loci Solutions- The law of the country where a
contract has to be performed or debt is to be paid.
Frequently the parties determines the place of
performance either expressly or by implication, but
where they don’t, the general rule is that the debtor must
seek out his creditor and in case of sale of goods , the
delivery has to be made at the seller’s place of business or
residence.
 The Proper Law of Contract- The system of law
by which the parties intended the contract to be
governed. The system of law with which the
transaction has its closest connection.

 Lex Monetae- The law of the country in which a

debt or other obligation is expressed.
 Lex Loci Actus- The law of the country, where a
legal act or transaction takes place.
 Lex Loci Delecti Commissio- The law of the country
whete a tort is committed.
 Lex Situs- The law of the country where a thing or
property is situated.
 Lex Fori- The local or domestic law of the country to
which a court belongs, where in an action is brought or
other legal proceeding is taken.
 Lex Causa- (Latin for "law of the cause"), in conflict of
laws, is the law chosen by the forum court from the
relevant legal systems when it judges an international or
interjurisdictional case.
 Lex Loci Celebrations- The law of the country where
a marriage is celebrated.