Abstract
Forum shopping is permeating litigation in nearly all fields, but nowhere as much, and as freely, as in air law. The complexity and international elements inherent to most air litigation cases have made air law the optimal arena for the practice of forum shopping. It is fostered by legal instruments, with international conventions widely applicable and domestic rules offering multiple jurisdictional options. The use of forum shopping by plaintiffs is understandable: different fora offer different incentives that might be sought after in litigation. However, this nearly unrestrained autonomy has proven to be problematic. The multiplication of jurisdictional issues, the inflow of claims before a handful of ‘attractive’ fora, the elongation of court procedures, are just a few of the difficulties that jurisdictions face with the popularization of forum shopping. Judges are not without means to manage this phenomenon. Common law systems may resort to the forum non conveniens, while civil law systems may utilize a certain latitude in interpreting the legal texts in order to decline jurisdiction when the use of forum shopping becomes unreasonable. Nonetheless, as the phenomenon catches on increasingly in France, more drastic measures might have to be considered in the future. Forum shopping, France, Jurisdiction, Exclusivity, Abuse
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