25
Jul/07

"Forum Selection Clauses: The 2d Disses the 7th"


Prof Patry: “Forum Selection Clauses: The 2d Disses The 7th“:
“Many commercial contracts have forum selection clauses, including those whose subject matter is intellectual property. In an attempt to overcome common law hostility to such clauses (based on a fear that they “ousted” courts of jurisdiction), the Supreme Court has encouraged enforcement of properly constituted and agreed-to clauses that place jurisdiction in foreign courts over the parties’ disputes. (Whether those courts will agree to be so roped into the dispute is a different matter).”

Comments are closed.