Forum shopping is normally accompanied by a peal of judicial thunder, but we all do it or should do it, and we need to do it very early on and in a very focused manner. If you are looking at any form of multi-jurisdictional dispute, before you start litigating you need to work out which jurisdiction will best serve the client’s interest.
The most important consideration of all when choosing a forum is what use, once you have obtained the judgment, that judgment will be to your client in commercial terms. Put another way, where will you be entitled to enforce the eventual judgment, and against what assets? Or, looking at it from the defendant’s perspective: I am being sued, does it matter?
