‘Non-Signatories, Forum Selection Clauses, and Personal Jurisdiction in the SDNY’

“Over the past few decades, US courts have adopted a new legal test that makes it easier to bind individuals to forum selection clauses in contracts they did not sign. This test posits that a non-signatory is bound by a forum selection clause if it is so ‘closely related’ to the signatory that it was ‘foreseeable’ that it would be bound. The purpose of the closely-related-and-foreseeable test is to promote litigation efficiency by ensuring that claims against related defendants are heard in the same forum …” (more)

[John Coyle, Transnational Litigation Blog, 8 June]

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