INTRODUCTION 1) Forum shopping in defamation cases
(i) The phenomenon of forum shopping
(ii) Forum shopping in defamation cases and related human rights risks
(iii) Attempts to address forum shopping and its negative effects
2) The scope and methodology of the study
FORUM SHOPPING AND RULES ON DIRECT INTERNATIONAL JURISDICTION, AND RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS 1) Rules on direct international jurisdiction and related risks of forum shopping
(i) The domicile of the defendant and the lex loci delicti rule – a reminder
(ii) Complex tort issue – general considerations
(iii) Complex tort issue in defamation cases and the approach of the ECJ
(iv) Rules on direct international jurisdiction under the Lugano Convention regime
(v) The rules on direct international jurisdiction in the context of Brexit
2) Forum shopping and the rules on recognition and enforcement of foreign judgments
(i) The public order exception
(ii) The hypothesis of fraudulent behaviour
(iii) The res judicata exception
IDENTIFYING FACTORS THAT MAY INFLUENCE THE OCCURRENCE OF FORUM SHOPPING IN DEFAMATION CASES 1) Limitation periods
2) The burden of proof and the standard of proof
3) Negative declaratory action
4) Default judgment
5) The kind and amount of damages
6) The cost of proceedings
7) Third party funding
8) Court injunctions and the offence of contempt of court
9) Abuse of rights
10) Forum non conveniens doctrine
11) Conflict of laws rules
CONCLUSION TABLES AND CHARTS CHART 1. States applying Brussels regime instruments
TABLE 1. The current state of EU law regarding rules on direct international jurisdiction
BIBLIOGRAPHY