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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.
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.
By initiating the action before the forum court, the plaintiff is asking for the grant of the local remedies. This will not be a problem so long as the form of the relief is broadly similar to the relief available under the lex causae, i.e. the law selected under the choice of law rules. But forum courts may refuse a remedy in two situations:
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 law of contracts varies from state to state; there is nationwide federal contract law in certain areas, such as contracts entered into pursuant to Federal Reclamation Law. The law governing transactions involving the sale of goods has become highly standardized nationwide through widespread adoption of the Uniform Commercial Code .
(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.