Sandrine Giroud
Lalive, Geneva
sandrine.giroud@lalive.law

Aurélie Conrad Hari
Bär Karrer, Geneva
aurelie.conradhari@baerkarrer.com

In an increasingly interconnected world, the forum in which a commercial dispute is resolved can be as critical as the merits of the case itself. Forum shopping – the strategic selection of the most favourable legal venue – has evolved into a sophisticated tool for litigants seeking predictability, neutrality, and efficiency. At the heart of this evolution is the Geneva International Legal Association (GILA), whose initiatives aim at significantly shaping the legal discourse and infrastructure in Geneva, reinforcing its position as a global hub for international law and disputes resolution. Considering Geneva’s longstanding history and reputation in the international and legal spheres, examining its position in the evolving landscape of international commercial courts was a logical step. Implementing a commercial court in Geneva is one of the ambitions of GILA.

Implementing this requires political support and new legislation, which needs broad backing. Creating an ecosystem and fostering stakeholder exchanges can achieve this, which is why GILA was created.

GILA’s mission is to enhance Geneva’s reputation as a go-to international centre for legal services, a vision that is intrinsically linked to the city’s unique advantages. Geneva is celebrated not only for its rich legal legacy but also for its dynamic and innovative approach to resolving disputes. GILA’s efforts to promote collaboration among legal professionals, academics, and business stakeholders have catalysed the development of an environment that is conducive to the rise of international commercial courts and the improvement of judicial efficiency when it comes to international litigation. These specialised courts, designed to manage the complexities of cross-border disputes, rely on a legal ecosystem characterised by procedural clarity, judicial expertise, and international enforceability of decisions – attributes that Geneva embodies.

The strategic contribution of GILA extends beyond mere advocacy; it actively shapes the selection of litigation forums by providing a platform for dialogue and innovation. Through its flagship events, GILA brings together a diverse range of stakeholders who are instrumental in rethinking traditional legal practices. These gatherings not only underscore the merits of forum shopping but also highlight how the integration of international commercial courts can address some of the inherent challenges in multi-jurisdictional disputes. At these events, participants explore case studies and share experiences that demonstrate how choosing the right forum can lead to more favourable outcomes, thus reinforcing the strategic value of specialised legal environments.

Geneva’s appeal as a venue for international litigation is rooted in several key attributes that GILA consistently emphasises. The city offers a neutral setting, free from the local biases that may influence decisions in other jurisdictions. Its legal framework is marked by well-established case law and transparent procedures, providing litigants with the predictability they require when facing complex commercial disputes. Moreover, the efficiency of Geneva’s legal processes – bolstered by the emergence of specialised international commercial courts – ensures that disputes are resolved in a timely manner, reducing both costs and uncertainties. This combination of neutrality, expertise and procedural efficiency makes Geneva a preferred destination for parties engaged in forum shopping.

GILA’s communications and collaborative efforts have been central to promoting these advantages. By articulating a clear vision that focuses on enhancing Geneva’s role as an international legal hub, GILA has managed to influence both public perception and institutional practices. The association’s narrative, as outlined in its communications guide, stresses that Geneva is not merely an established centre but a vibrant, evolving community where innovation in dispute resolution is encouraged and celebrated. This vision has helped to attract international attention and investment in the city’s legal infrastructure, further reinforcing the strategic benefits of selecting Geneva as a forum for commercial disputes.

The rise of international commercial courts represents a significant shift in the global litigation landscape. These courts are designed to deal with the intricacies of cross-border disputes by providing judges with specialised expertise and by applying uniform procedural rules. Such characteristics reduce the uncertainty that traditionally accompanies multi-jurisdictional litigation and enhance the overall efficiency of the legal process. GILA’s support for these developments has been instrumental in positioning Geneva as a leader in this area. By actively participating in discussions that promote legal innovation, GILA has contributed to regulatory and institutional reforms that favour the efficiency of international commercial litigation.

For legal practitioners, the implications of these developments are profound. The ability to select a forum that offers not only procedural advantages but also specialised expertise can have a decisive impact on the resolution of disputes. As litigants weigh their options, the strategic benefits of choosing Geneva – supported by GILA’s robust framework of collaboration and innovation – become increasingly apparent. The association’s work in harmonising legal practices and facilitating international dialogue ensures that Geneva remains at the forefront of modern dispute resolution.

The GILA initiative exemplifies how strategic forum choices are intertwined with broader efforts to modernise and enhance legal services. By fostering an environment that champions transparency, efficiency and international cooperation, GILA not only reinforces the value of forum shopping but also drives the evolution of the international commercial court system. In doing so, it helps to mitigate the risks associated with fragmented legal regimes and ensures that justice is accessible and effective on a global scale.

Geneva’s ascendancy as a legal hub is a testament to the collaborative vision promoted by GILA. The association is working to develop Geneva’s legal infrastructure to make the city even more attractive for handling international disputes. As litigants seek venues offering neutrality, predictability, stability and specialised expertise, Geneva’s potential strategic advantages have become evident. The continued success of international commercial courts, and by extension, the effectiveness of forum shopping strategies, will depend on the ongoing efforts of organisations like GILA to foster a dynamic and innovative legal environment.

In conclusion, the evolution of forum shopping and the rise of international commercial courts underscore the critical importance of selecting the right venue for resolving complex disputes. GILA’s role in enhancing Geneva’s legal infrastructure and promoting its advantages has been instrumental in shaping this landscape. For practitioners engaged in cross-border litigation, the insights and opportunities provided by GILA represent a valuable resource in the pursuit of efficient, fair, and effective justice.

Sources

‘About Us’ (Geneva International Legal Association), see www.gila.legal/about-us, accessed 24 March 2025.

‘GILW25’ (Geneva International Legal Association), see www.gila.legal/gilw25, accessed 24 March 2025.

Sandrine Giroud, ‘Inside GILA: Geneva’s New Legal Vision’ (Legal Community Magazine, 2025), see www.gila.legal/wp-content/uploads/2025/01/LegalCommunityMAG-CH-Inside-GILA-Genevas-new-legal-vision4421452.1.pdf, accessed 24 March 2025.