Forum Selection Clauses and Subject-Matter Jurisdiction
The forum selection clause is the Swiss Army Knife of transnational litigation. It may be used to obtain personal jurisdiction over a defendant who otherwise lacks any connection to the chosen jurisdiction. It may supply a reason for dismissing a case filed in a jurisdiction other than the one named in the clause. It may be deployed to…
Continue ReadingBifurcated Forum Selection Clauses
When I was younger, I loved the Choose Your Own Adventure books. The reader was constantly asked to make decisions. Did you want to explore the basement of the haunted house? If so, turn to page 10. Or did you want to investigate the spooky noise coming from the kitchen? If so, turn to page…
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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