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Topic: Forum selection clause

	No. 04CA1253. Adams Reload Company, Inc. v. International Profit Associates, Inc. - November 17, 2005 - Colorado Court ... (Site not responding. Last check: 2007-11-03)
		The burden of proving that a forum selection clause is unfair or unreasonable is on the party seeking to avoid its effect.
		Selection of Illinois as a forum can be construed as a reasonable effort to bring certainty to the transaction; whatever inconvenience plaintiffs would suffer by being forced to litigate in Illinois was reasonably foreseeable at the time of contracting.
		We also disagree with plaintiffs’ assertion that the forum selection clause is unenforceable because it was a "boilerplate" provision that was the result of unequal bargaining power, and that there was no evidence that the forum selection clause was a vital part of the agreement.
	www.cobar.org /opinions/opinion.cfm?OpinionID=5384 (2009 words)

	Fireman's Fund Insurance Co. v. Cho Yang Shipping Co.
		Defendants asserted as a defense that the forum selection clause was enforceable and operated to deprive the district court of subject matter jurisdiction.
		The district court refused to enforce the forum selection clause and denied appellants' motion to dismiss for lack of jurisdiction.
		A forum selection clause is "prima facie valid and should be enforced unless enforcement is shown by the resisting party to be `unreasonable' under the circumstances." The Bremen v.
	pub.bna.com /lw/19980120/9615734.htm (1687 words)

	Court Enforces Forum Selection Clause on Cruise Ship Ticket
		The court stated, “as a rule, forum selection clauses ‘are prima facie valid and should be enforced unless enforcement is shown by the resisting party to be ‘unreasonable’ under the circumstances.’”1 The First Circuit has developed a two-prong test to evaluate the legitimacy of forum selection clauses under a “reasonably communicated” standard.
		The court found that because the plaintiffs were presumed to be aware of the forum selection clause when they received the tickets, the terms were assumed to be reasonably communicated to them.
		The U.S. District Court for the District of Puerto Rico denied Carnival’s motion to dismiss for improper venue and transferred the suit to the U.S. District Court for the Southern District of Florida.
	www.olemiss.edu /orgs/SGLC/National/SandBar/4.2forum.htm (418 words)

	DiLorenzo v. AOL
		Plaintiffs argue that the forum selection clause at issue is not binding because the action alleges a fraud which permeates the entire agreement.
		Thus, a party challenging a forum selection clause carries the heavy burden of establishing that the chosen forum is an improper.
		AOL, indicated its intent to invoke the forum selection clause by the filing of a motion to dismiss based upon the Virginia selection clause.
	legal.web.aol.com /decisions/dlother/dilorenzo.html (1342 words)

	Court Orders Track Comany to Pay Insurer Back Premium
		Illinois courts have held that forum selection clauses are prima facie valid, unless the opposing party shows that to enforce its provisions would violate a strong public policy of the State of Illinois.
		Returning now to the issue of forum selection clauses dealing with non-resident defendants, a recent experiences we had highlights how important it is to understand the creditor's business before advising the inclusion of a forum selection clause.
		This client is changing its forum selection provision and arbitration provision to provide that the party initiating the litigation can choose arbitration or the court system, and that selection is binding on the parties of the contract.
	www.tellerlevit.com /last_hurah.htm (2920 words)

	Reducing litigation risks in U.S. business transactions — Hodgson Russ LLP Attorneys
		Forum selection and choice of law provisions further help allocate risk between contracting parties during the course of their relationship.
		A forum selection clause thus might designate a neutral forum or include provisions that minimize risks in a given forum that are disproportionate to one party.
		To avoid a forum selection clause, a litigant must show that the clause is unreasonable and unjust, the result of fraud, or its enforcement would contravene a strong public policy.
	www.hodgsonruss.com /article_812.html (1185 words)

	Caspi v. Microsoft Network, L.L.C.
		The trial court granted defendants' motion to dismiss the complaint on the ground that the forum selection clause in the parties' contracts called for plaintiffs' claims to be litigated in the State of Washington.
		The clause enforced in Carnival was very similar in nature to the clause in question here, the primary difference being that the Carnival clause was placed in small print in a travel contract while the clause in the case sub judice was placed on-line on scrolled computer screens.
		If a forum selection clause is clear in its purport and has been presented to the party to be bound in a fair and forthright fashion, no consumer fraud policies or principles have been violated.
	www.tomwbell.com /NetLaw/Ch10/Caspi.html (1814 words)

	[No title]
		Thus, the insureds assert, California is the proper forum for the resolution of this dispute.
		Holding (p 10) that forum selection clauses are "prima facie valid", the court noted (p 15) that, to override such a clause, a party must "clearly show that enforcement would be unreasonable and unjust, or that the clause was invalid for such reasons as fraud or overreaching".
		However, it is not alleged that the forum selection clause itself was induced by fraud; therefore, the enforcement of that clause is not affected.
	www.uniset.ca /lloyds_cases/rokeby.txt (2098 words)

	McSweeney & Crump Lawyers in Richmond, Virginia
		In that case, the U.S. Supreme Court, according to defendants, held that a forum non conveniens analysis was "inappropriate in the presence of a valid forum selection clause." Defs.' Supp.
		Lawler contends that the forum selection clause, at most, applies to counts II and V of the Complaint since they are the only ones sounding in contract, and hence the only ones subject to a contractual restriction.
		There is strong evidence that the clause was a vital part of the agreement, and it would be unrealistic to think that the parties did not conduct their negotiations, including fixing the monetary terms, with the consequences of the forum clause figuring prominently in [**25] their calculations.
	www.mcbump.com /lawler.htm (4413 words)

	Steven J. Caspi, et al. v. The Microsoft Network, L.L.C., et al. - Phillips Nizer LLP Internet Library of Law and Court ... (Site not responding. Last check: 2007-11-03)
		The court held that the forum selection clause did not offend New Jersey's public policy, because the State of Washington had statutes similar to those of New Jersey regulating the alleged wrongs for which plaintiff's sought redress in their suit.
		Lastly, the court held that enforcement of the forum selection clause would not 'seriously inconvenience trial' because the named plaintiffs, as well as the purported class members, were scattered throughout the country.
		The court rejected plaintiffs' claim that the forum selection clause was not enforceable because plaintiffs were unaware of it at the time they entered into their agreement.
	www.phillipsnizer.com /library/cases/lib_case19.cfm (550 words)

	Phillip v Marianas Insurance Company [2003] FMSC 23; 11 FSM Intrm. 559 (Pon. 2003) (13 March 2003)
		When a clause accomplishes neither purpose, and when it would be fundamentally unfair to conclude that the contract provision’s ambiguous language constitutes an agreement that claims may be litigated only in a certain place, it does not constitute a forum selection clause.
		To the extent that a purported forum selection clause could be interpreted to require suit in a foreign country, it must be struck down as void as against public policy unless it is a freely negotiated, arms-length agreement between parties with relatively equal bargaining power.
		Defendants take the position that the alleged forum selection clause limits plaintiffs’ claims, but their counterclaim to recover unpaid premiums may be litigated in this Court because a separate clause in the contract requires full payment of all premiums once a claim is made under the insurance contract.
	www.worldlii.org /paclii/fm/cases/FMSC/2003/23.html (1958 words)

	Articles
		The vessel owner moved to dismiss the case pursuant to a forum selection clause in the bill of lading that required litigation to be brought in Japan.
		In the other two cases, which were decided by the same judge, forum selection clauses were enforced because the plaintiff failed to show that the carrier’s liability would be lessened if the cases were tried in Japan.
		Plaintiff argued that the subject forum selection clause should not be enforced because US COGSA governs and there would be no opportunity for the District Court to review the decision of the Japanese court to make sure that the plaintiff’s protections under US COGSA would be maintained.
	www.bullivant.com /showarticle.asp?Show=1257 (397 words)

	03-1492 -- American Soda LLP v. U.S. Filter Wastewater Group Inc. -- 11/07/2005
		The court further held that enforcement of the forum selection clause was not unreasonable under the circumstances.
		First, U.S. Filter contends the contract clause at issue is not a mandatory forum selection clause as defined by this court because the clause is ambiguous, does not specify a particular county for venue, and does not express a clear and unequivocal waiver of its right to remove the action to federal court.
		U.S. Filter argues that the forum selection clause at issue is permissive because it does not specify a county or tribunal for venue.
	www.kscourts.org /ca10/cases/2005/11/03-1492.htm (2536 words)

	Multilaw \| Australia and New Zealand
		However, such a clause is not always inserted or properly inserted and hence there may be possibilities of parallel proceedings in different jurisdictions between the same parties and dealing with substantially the same matters.
		Parties to a contract, in particular a contract with an international element or involving parties from different nations, should therefore always include a forum selection clause in their contract, and, more importantly, the parties should be genuine and reasonable in their choice of the governing law and forum.
		If the parties’ choice of particular governing law and forum is made to avoid the control or restriction of the law of another jurisdiction which should in fact be their natural and appropriate choice, the court may not enforce their choice.
	www.multilaw.com /Template.cfm?Section=Australia_and_New_Zealand&template=/ContentManagement/ContentDisplay.cfm&ContentID=1308 (589 words)

	[No title] (Site not responding. Last check: 2007-11-03)
		Enforcement of the contractual forum selection and choice of law clauses would be the functional equivalent of a contractual waiver of the consumer protections under the CLRA and, thus, is prohibited under California law.
		Overview of Forum Selection Clause Enforcement AOL correctly posits that California favors contractual forum selection clauses so long as they are entered into freely and voluntarily, and their enforcement would not be unreasonable.
		Our law favors forum selection agreements only so long as they are procured freely and voluntarily, with the place chosen having some logical nexus to one of the parties or the dispute, and so long as California consumers will not find their substantial legal rights significantly impaired by their enforcement.
	www.utexas.edu /courses/tiller/superiorcourt.doc (2479 words)

	Forum selection clause - Wikipedia, the free encyclopedia
		A forum selection clause in a contract with a Conflict of Laws element allows the parties to agree that any litigation resulting from that contract will be initiated in a specific forum.
		If the parties have selected a jurisdiction as the place for the resolution of a dispute, the implication is that the courts may nevertheless apply their lex fori which includes their general choice of law principles.
		Forum selection clauses have been criticised by a minority of courts as improper attempts to divest them of personal jurisdiction over the parties.
	en.wikipedia.org /wiki/Forum_selection_clause (657 words)

	91150 -- Aylward v. Dar Ran -- Malone -- Kansas Court of Appeals
		A forum selection clause will not be enforced unless the selected forum bears a reasonable relationship to the transaction.
		Under the facts presented, the forum selection clause agreed to by the parties was mandatory as opposed to permissive and, therefore, must be enforced by the court.
		In the Vanier case, an "experienced and astute businessman" was bound by the forum selection clause despite his claim that the clause was "buried" in the agreement.
	www.kscourts.org /kscases/ctapp/2004/20040409/91150.htm (1252 words)

	Cruise Ship Law: Forum Selection Clause In Seaman's Contract, Requiring Suit In Federal Court Only, Is Held Not ...
		Forum Selection Clause In Seaman's Contract, Requiring Suit In Federal Court Only, Is Held Not Enforceable By Alaska Supreme Court Pursuant To The Savings To Suitors Clause In 28 U.S.C. §1333 And The Seaman's Right To Sue In Any Eligible Forum Under The Jones Act.
		The employee argued that the forum selection clause was void, as it violated federal law.
		The appellate court held that the employment contract's forum selection clause was invalid, as it violated the employee's right to sue under the Jones Act in any eligible forum.
	blog.lipcon.com /2002/07/forum_selection_clause_in_seam.html (639 words)

	Licata & Associates Co., L.P.A. - Internet Law, Employment law, Business Law
		The court distinguished this case from others which have upheld the validity of forum selection clauses because the forum selection clause here was very general and failed to specify a particular court.
		As a result of this ruling, business owners must be aware of the possibility that a court may find the forum selection clause within their contracts unenforceable if the owners are dealing with a party or business that is less sophisticated, especially if the other party or business does not have counsel.
		Business owners must also be aware of the possibility that a court may extend the ruling of this case to other provisions of their contracts, including but not limited to, warranty provisions, risk of loss provisions, and liability limitations.
	www.licatalaw.com /forumselectionclause.htm (535 words)

	[No title]
		The forum selection and consent to jurisdiction provisions were on the back side of the paper, where there was no place for defendant to sign or initial.
		A forum selection provision designates a particular state or court as the jurisdiction in which the parties will litigate disputes arising out of the contract and their contractual relationship.
		From the record, it is clear that the trial court did not abuse its discretion in refusing to enforce the terms of the forum selection clause.
	www.ibiblio.org /pub/docs/nc-supreme-court/jun0794/command (2337 words)

	IERO v. Mohawk Finishing Products, Inc. (Site not responding. Last check: 2007-11-03)
		But Bremen limits this exception to forum selection clauses that might be damaging to the forum itself, not simply damaging to the litigants because of an unfavorable law in the selected forum.
		This exception does not allow parties who agree to litigate in a specified forum to circumvent their contractual obligations simply because they do not like the laws of the chosen forum, which appears to be the situation here.
		Given the absence of evidence that enforcement of the forum selection clause is unreasonable under the circumstances, the trial court did not err in dismissing Iero's complaint.
	law.gsu.edu /elanier/spring01/Module_2/Cases/IERO.html (1074 words)

	Choice of law clause - Wikipedia, the free encyclopedia
		A choice of law clause or proper law clause in a contract is one in which the parties specify which law (i.e.
		However, such clauses could be used as a device to evade the application of a mandatory provision of law within a relevant legal system.
		This may lead to problems as the courts of the forum state will not usually be familiar with the detail of the proper law and, even after hearing expert evidence, may apply the relevant statutes and/or case law incorrectly.
	en.wikipedia.org /wiki/Choice_of_law_clause (821 words)

	Forum Selection Clauses Lawyers, Legal Information, Attorney Finder
		A forum selection clause in a contract is an agreement by both parties to adjudicate any disputes resulting from the contract, such as a breach of contract, in a specified forum.
		Forum selection clauses are included in many commercial contracts and are extremely popular in electronic contracts.
		Although forum selection clauses are commonly used in adhesion contracts to the benefit of the stronger party, they are enforceable when they are included for the convenience of that party, rather than for the sole purpose of discouraging lawsuits.
	www.legalmatch.com /law-library/article/forum-selection-clauses--are-they-enforceable.html (348 words)

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