Civil Litigation,
Corporate,
Contracts
Oct. 4, 2017
Drafting mandatory forum selection clauses
Contracting parties might agree to a forum selection clause for any number of reasons: to ensure favorable legal precedent, to prevent forum-shopping, to avoid being dragged into litigation in a faraway state. But a forum selection clause won’t do the parties any good unless a court will enforce it.
Contracting parties might agree to a forum selection clause for any number of reasons: to ensure favorable legal precedent, to prevent forum-shopping, to avoid being dragged into litigation in a faraway state. But a forum selection clause won’t do the parties any good unless a court will enforce it. The threshold question for California courts is whether the forum selection clause is mandatory or permissive; in other words, under the language of the contract, whether ...
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