Among the most important provisions that litigators search for once alerted of a potential dispute are forum selection clauses embedded in a large number of modern commercial contracts. Over the past several decades, state legislators and the US Supreme Court have increasingly enabled parties to litigate in US courts, even for lawsuits with significant ‘foreign’ elements — so long as they include a contractual provision agreeing to litigate in US courts. Last week, John Coyle called for Congress or the US Supreme Court to consider more directly when inbound forum selection clauses should be enforced … (more)
[Will Moon, Transnational Litigation Blog, 17 October 2022]
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