UT Law Publications
The text of a legal rule is often less important than the context of its interpretation and application. If a dispute between an American buyer and a French seller were to come before a French court, the buyer might be apprehensive not so much from any fearful oddity of French law, but because the adjudicatory procedure arguably gave the French side a "home court advantage." In some other countries, the integrity or independence of the judiciary may also be a matter of concern. In an international transaction, the absence of any reasonably neutral forum with compulsory jurisdiction makes the consequences of a business deal gone sour much more disagreeable than in an otherwise similar domestic transaction.
William W. Park,
Illusion and Reality in International Forum Selection
Texas International Law Journal
Available at: https://scholarship.law.bu.edu/faculty_scholarship/2257