Mandatory Forum Selection Provisions

in Standard of Review, Trial Perspectives

When reviewing a contract, check to see if there is a forum selection provision. This provision will dictate where a dispute shall or may be brought. Forum selection provisions are construed as either mandatory forum selection provisions (the dispute has to be brought in this exclusive forum) or permissive forum selection provisions (the dispute may be brought in this forum, but other forums would work too). Be mindful of forum selection provisions because they will come into play if a dispute unfolds. “Permissive [forum selection] clauses constitute nothing more than a consent to jurisdiction and venue in the named forum and...

07 February

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Do Not Overlook Reviewing the Forum Selection Provision in the Contract

Posted by David Adelstein

in Trial Perspectives

Many contracts contain what is known as a forum selection provision. This provision may state that disputes arising out of the contract MUST be brought in the exclusive venue of a specific county or state. Do not overlook this provision because this provision is enforceable and will likely dictate where you will need to file suit in the event of a dispute. For instance, if you have a contract for services performed in Miami-Dade County, Florida (or you live in that County, or is receiving goods in that County), you may not want to agree to litigate disputes arising from...

15 February

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Mandatory or Permissive Forum Selection Provision

Posted by David Adelstein

in Trial Perspectives

Many contracts contain a venue provision also regarded as a forum selection provision – the jurisdiction where lawsuits are to take place. In analyzing these provisions, the initial consideration should always be whether the provision is mandatory or permissive. Mandatory forum selection clauses “require or unequivocally specify ...