‘Enforcing Consent-to-Jurisdiction Clauses in US Courts’

“One tried-and-true way of obtaining personal jurisdiction over a foreign person that otherwise lacks minimum contacts with a particular US state is to require the person to agree ex ante to a forum selection clause. This strategy only works, however, if the forum selection clause will be enforced by the courts in the chosen state. To date, scholars have written extensively about the enforceability of ‘outbound’ forum selection clauses that redirect litigation from one court to another …” (more)

[John Coyle, Conflict of Laws .net, 9 December]

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