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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.
Cases which involved the validity of a forum selection clause in a contract. Pages in category "United States forum selection case law" The following 4 pages are in this category, out of 4 total.
Other examples include the United Kingdom, which offers stricter defamation laws and generous divorce settlements. The term "forum shopping" has taken on a negative connotation amongst some who view it as gamesmanship and manipulation that undermines the legitimacy of the judicial system, in order to obtain an unfair advantage. [2]
The choice of law rules for contracts are more complicated than the law affecting other obligations because they depend on the express or implied intentions of the parties and their personal circumstances. For example, questions as to whether a contract is valid may depend on the capacity of the parties to enter into a contract.
Carnival Cruise Lines, Inc. v. Shute, on forum selection clauses; The Bremen v. Zapata Off-Shore Company, forum selection clauses; Charles River Bridge v. Warren Bridge, on the Constitution's Contract Clause; Marquez v. Screen Actors Guild Inc., on the validity of union shop contracts; Salazar v.
In contract law, a choice of law clause or proper law clause [1] is a term of a contract in which the parties specify that any dispute arising under the contract shall be determined in accordance with the law of a particular jurisdiction. [2] It determines the controlling law: the state which will be relied upon in settling disputes. An example ...
(The Center Square) – Whether Illinois should be enjoined from enforcing the state’s gun and magazine ban starting Monday is now up to a federal appeals court. Illinois enacted the Protect ...
For example, suppose State X has a law that limits recovery in a tort suit, and state Y has no such limit. A plaintiff from State X suing a defendant from State Y will want the rule of State Y to apply rather than the limit imposed by state X; the defendant will want the State X's limit to apply. In such a case, the law of the forum will prevail.