Supreme Court, asking it to rule that a
forum selection clause in a Pfizer employee benefit plan governed by the Employee Retirement Income Security Act (ERISA) is unenforceable.
The suit against XL was over various disputes, but the Louisiana Supreme Court opinion released on May 8 only addressed the issue of the
forum selection clause.
The plaintiffs claim they've never laid eyes on an agreement the Passenger Ticket Contract that contains a
forum selection clause that Vantage argues requires the case to be litigated in the courts of England and Wales.
agreements (36 percent) contained a
forum selection clause.
Employment Agreements;
Forum Selection Clause; Single Transaction
provision is enforceable despite a
forum selection clause grants
"To remedy these issues, and that of forum shopping where a plaintiff will look for a favorable jurisdiction in which to sue New Jersey corporations are now expressly authorized to include in their bylaws a
forum selection clause and provide for sanctions for its violation."
The defendant could have moved in each jurisdiction to enforce the
forum selection clause. The motion would have prevailed in many jurisdictions, but perhaps not all.
A
forum selection clause in a commercial contract should be given effect.
Philippines on this issue, privileging the treaty provision providing investors with access to investor-state arbitral jurisdiction over the contract's exclusive
forum selection clause opting for domestic courts.
For creditors with the market positioning or industry norms to support them, having a well-crafted
forum selection clause can prove invaluable.
Consequently, courts and commentators have continued to express uncertainty about 'whether a federal court in a diversity case should look to federal law, state law or both when deciding whether a
forum selection clause is valid.' Rolfe v.