Forum Dipping

Posted On: 01 May 2007

Author: Richard Aird

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Forum Dipping is a specific application of choice of forum which may result in achieving a tactical advantage. It is well known that the Judgement Regulations [44/2001] which largely succeed Brussels and Lugarno Conventions often provides a choice of jurisdiction for the principal action. What is less well known is that even where substantive jurisdiction is seized there may still be the opportunity under Article 31 to obtain interim protective remedies in a  jurisdiction  which is different again. Since interim protective remedies vary considerably from jurisdiction to jurisdiction the new thinking is to compare and contrast the advantages each may bring to the resolution of the Litigation. There are considerable differences between the English Freezing Order, the French Saisie Conservatoire, the German Arrest and the Scottish Arrestment. This means that to do the job properly, a Litigator must now consider the tactical advantages of  interim protective remedies in those jurisdictions which may be reached by Article 31.  

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