forum shopping: meaning, definition, pronunciation and examples
C2Formal, Technical (Legal, Regulatory, Academic)
Quick answer
What does “forum shopping” mean?
The practice of choosing a court or legal jurisdiction expected to give the most favourable outcome in a lawsuit.
Audio
Pronunciation
Definition
Meaning and Definition
The practice of choosing a court or legal jurisdiction expected to give the most favourable outcome in a lawsuit.
Strategically selecting a decision-making authority (court, regulator, arbitration panel) based on perceived bias, favourable laws, procedures, or potential rulings, rather than natural jurisdiction.
Dialectal Variation
British vs American Usage
Differences
Concept and term are identical in legal contexts. Non-legal metaphorical use (e.g., shopping for a favourable online platform) is slightly more common in AmE.
Connotations
Universally negative in professional legal discourse, suggesting exploitation of the system.
Frequency
Higher frequency in jurisdictions with complex, overlapping court systems (e.g., U.S. federal vs. state courts). Common in EU law regarding jurisdiction regulation.
Grammar
How to Use “forum shopping” in a Sentence
[Plaintiff/Party] engaged in forum shopping by filing in [Jurisdiction].The law aims to curb forum shopping.The practice of forum shopping is frowned upon.Vocabulary
Collocations
Examples
Examples of “forum shopping” in a Sentence
verb
British English
- The claimant was clearly attempting to forum-shop.
- Lawyers are discouraged from forum-shopping.
American English
- The plaintiff's attorney was accused of forum shopping.
- They will likely forum-shop for a state with favourable tort laws.
adjective
British English
- Forum-shopping tactics are unethical.
- The forum-shopping allegation was serious.
American English
- A forum-shopping strategy backfired.
- The motion revealed forum-shopping behavior.
Usage
Meaning in Context
Business
Discussed in cross-border litigation risk assessments and contracts (choice of law/forum clauses).
Academic
A key topic in conflict of laws, international litigation, and legal ethics.
Everyday
Rare. May be used metaphorically for choosing a supportive social media group or review site.
Technical
Core concept in civil procedure, private international law, and regulatory enforcement.
Vocabulary
Synonyms of “forum shopping”
Strong
Neutral
Weak
Vocabulary
Antonyms of “forum shopping”
Watch out
Common Mistakes When Using “forum shopping”
- Using it as a verb (*'to forum shop' is informal/derived; the standard term is the noun).
- Confusing it with 'venue shopping' (which is synonymous in legal contexts).
- Applying it to choosing physical locations for non-legal matters.
FAQ
Frequently Asked Questions
Not usually illegal, but it is widely considered unethical and against the spirit of justice. Courts have rules (like 'forum non conveniens') to dismiss cases filed in inappropriate venues.
Yes, the concept extends to selecting arbitration panels, regulatory bodies, or even online platforms (e.g., posting complaints where you'll get the most support), though 'forum shopping' primarily denotes the legal context.
Forum shopping is about choosing the *court or tribunal*. Choice of law is about which jurisdiction's substantive *laws* will apply. Often, a party forum-shops to get a favourable choice of law applied.
Through jurisdictional rules, the 'first-to-file' rule, 'forum non conveniens' doctrines, harmonisation of laws (like EU Brussels I Regulation), and clauses in contracts that specify the exclusive forum for disputes.
The practice of choosing a court or legal jurisdiction expected to give the most favourable outcome in a lawsuit.
Forum shopping is usually formal, technical (legal, regulatory, academic) in register.
Forum shopping: in British English it is pronounced /ˈfɔː.rəm ˌʃɒp.ɪŋ/, and in American English it is pronounced /ˈfɔːr.əm ˌʃɑː.pɪŋ/. Tap the audio buttons above to hear it.
Phrases
Idioms & Phrases
- “Shopping for a friendly judge”
- “Playing the venue game”
Learning
Memory Aids
Mnemonic
Think of a shopper with a legal briefcase, walking between different courthouses ('forums'), checking the price tags (likely outcomes) before 'buying' (filing) a case.
Conceptual Metaphor
LEGAL SYSTEM AS A MARKETPLACE (where justice is a commodity to be acquired from the most favourable seller/jurisdiction).
Practice
Quiz
What is the primary ethical concern associated with forum shopping?