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In contract law, a forum selection clause (sometimes called a dispute resolution clause, choice of court clause, governing law clause, jurisdiction clause or an arbitration clause, depending on its form) in a contract with a conflict of laws element allows the parties to agree that any disputes relating to that contract will be resolved in a specific forum.
The court must balance convenience against the plaintiff's choice of forum. In other words, if the plaintiff's choice of forum was reasonable, the defendant must show a compelling reason to change jurisdiction. If a transfer would simply shift the inconvenience from one party to the other, the plaintiff's choice of forum should not be disturbed.
How choice of law clauses are interpreted may vary by forum. In Delaware, a standard choice of law clause can cover liability arising in either tort or contract in order to avoid uncertainty. [ 19 ] [ 20 ] In New York, the express language of the provision must be “sufficiently broad” as to encompass the entire relationship between the ...
The choice of law rule, the law of the domicile (lex domicilii) if the forum is common law or law of nationality (lex patriae) or habitual residence if the forum is civil law, applies to determine all question of status and its legal attributes.
When a case has connection to more than just a single state, the forum state's choice of law principles generally guide the selection of what place's law will apply. Parties to a contract may seek to prevent forum shopping by inserting a forum selection clause or a choice of law clause in their contract. Such clauses are now generally enforced ...
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WASHINGTON – President Donald Trump faces a choice ahead of a Feb. 1 target date for his tariffs ... He said in remarks to the World Economic Forum later in the week that the trade deficit with ...
Howard Lutnick, President Donald Trump’s choice to be Secretary of Commerce, met with members before his confirmation hearing on Jan. 29. (AP Photo/Jacquelyn Martin) (ASSOCIATED PRESS)