Glossary · Swiss and international law
Forum shopping
Strategic choice of one national court among several with jurisdiction in order to maximise an outcome — common in binational divorces.
Reference : LDIP art. 9, 59
In a Swiss-French divorce where both spouses meet the jurisdictional conditions in France and in Switzerland, the first to file locks the forum. The applicable law, the maintenance calculation, the pension division, the matrimonial tax position can vary significantly depending on the court seised.
International lis pendens (art. 9 PILA) limits forum shopping: once seised, the second court will generally stay proceedings until the first court has ruled. Hence the operational importance of filing speed.