Over the past decade, so-called ‘unilateral’ or ‘asymmetric’ forum selection clauses have attracted a lot of attention. A unilateral forum selection clause does not name a court in which to resolve disputes at the time of signing. Instead, it gives one contracting party the right to unilaterally select a court after the dispute arises. In some cases, the courts have held that such clauses are enforceable. In others, they have held that they are not … (more)
[John F Coyle, Transnational Litigation Blog, 4 June 2024]
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