Forum Selection Clauses

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…

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The Many Uses of the Forum Selection Clause

The forum selection clause is the Swiss Army Knife of transnational litigation. Among other things, it may be invoked to: obtain personal jurisdiction over a defendant who otherwise lacks any connection to the chosen jurisdiction; dismiss a case filed in a jurisdiction other than the one named in the clause; defeat an attempt to enforce…

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Forum Selection Clauses in California

In 2024, more than 1.2 million civil lawsuits were filed in California. While most of these suits were between U.S. residents, some of them grew out of international contracts. Some of these international contracts, in turn, contained forum selection clauses choosing the courts of a foreign country. In this post, I take a close look…

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Is It Too Dangerous To Litigate In Israel?

Many international contracts contain forum selection clauses stating that litigation must occur in the courts of a particular country. While these clauses provide a welcome measure of certainty as to where future disputes will be resolved, they are sometimes viewed as inconvenient by plaintiffs who would prefer to sue in the United States. In an…

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