Introduction

The final cost to a defendant of litigating a dispute is at least in part the result of the jurisdiction in which the dispute is resolved. Although there are those factually difficult cases where actual liability will vary between jurisdictions, the general nature of rights and obligations created by Civil Codes and the laws in common law jurisdictions are such that the decision on liability will frequently be the same whatever the jurisdiction. The circumstances in which the identity of the court taking jurisdiction over the dispute are far more likely to have a significant ...