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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.
Choice of law is a procedural stage in the litigation of a case involving the conflict of laws when it is necessary to reconcile the differences between the laws of different legal jurisdictions, such as sovereign states, federated states (as in the US), or provinces.
The combined clause would include the choice of law that is to govern any dispute arising under the agreement and the choice of forum where disputes will be heard. [4] Once implemented, a choice of law clause will generally be upheld by courts, as long as it is bona fide, legal, and not contrary to public policy. [5]
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.
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 ...
Express selection [ edit ] In England, as of 1 October 1983, [ 3 ] when the parties express a clear intention in a choice-of-law clause , this is generally the proper law .
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.
the court will apply the law of the forum to all procedural matters (including the choice of law rules); it counts the factors that connect or link the legal issues to the laws of potentially relevant states and applies the laws that have the greatest connection, e.g. the law of nationality ( lex patriae ) or the law of habitual residence ( lex ...