ABSTRACT
Forum selection clauses are a staple of modern business law in the United States. Parties agree, ex ante, on where they can sue one another and then rely on the courts to enforce these agreements. Although the number of contracts containing forum selection clauses has skyrocketed in recent years, there is a dearth of empirical information about enforcement practice. Are there any states that refuse to enforce these clauses? Among states that recognize the presumptive validity of these clauses, how frequently are they enforced? Under what circumstances, exactly, will state courts deem these clauses unenforceable? The existing literature provides few (if any) answers to these questions. This Article aims to fill that gap. It surveys more than 175 state statutes and nearly 900 state cases involving outbound forum selection clauses to contribute to the scholarly discussion in two important ways …
Coyle, John F and Richardson, Katherine C, Enforcing Outbound Forum Selection Clauses (February 29, 2020).
First posted 2020-03-10 06:59:17
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