Should the Federal Government Seek to Attract Litigation to the United States?
U.S. courts have become significantly more hostile towards transnational litigation over the past two decades. Scholars such as Pam Bookman and Maggie Gardner have argued that a series of Supreme Court decisions—relating to the law of personal jurisdiction, forum non conveniens, international comity abstention, the presumption against extraterritoriality, and service of process, among others—have made…
Continue ReadingA 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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