A forum selection clause is a contractual provision that selects a court to resolve disputes. When suit is filed in a jurisdiction that is not the chosen forum, the clause may provide a basis for dismissal or transfer. When suit is filed in the chosen forum, the clause may provide a basis for asserting personal jurisdiction over the defendant.
A Primer on Forum Selection Clauses
A forum selection clause is a contractual provision that selects a specific court to resolve disputes. When suit is filed in a court that is not the chosen forum, the clause may provide a basis for dismissal or transfer. When suit is filed in the chosen forum, the clause may provide a basis for the…
Continue ReadingIs It Too Dangerous To Litigate In Israel?
Many international contracts contain forum selection clauses stating that litigation must occur in the courts of another country. While these clauses provide a welcome measure of certainty as to where future disputes should be resolved, they are sometimes viewed as inconvenient by plaintiffs who would prefer to sue in the United States. In an attempt…
Continue ReadingDangerous Foreign Courts
U.S. courts have long recognized that certain civil cases should not be litigated in the United States. Even when a U.S. court has jurisdiction, a case may still be dismissed for forum non conveniens if the court concludes that the case would be more appropriately heard in the courts of another country. This inquiry typically…
Continue ReadingAll I Want for Christmas (Forum Selection Clause Edition)
As the holidays approach, TLB editors have prepared lists of things that they wish courts in the United States would do differently on the subject of transnational litigation. In this post, I revisit one of my favorite subjects—forum selection clauses—to identify some reforms that would make my Christmas exceptionally merry. 1. Stop Asserting Personal Jurisdiction…
Continue Reading