Forum Selection Clauses In The Intra-Corporate Litigation Era

Law360, New York (March 26, 2013, 1:56 PM EDT) -- The forum selection clause in a corporate governing document is a markedly new phenomenon. Historically, a corporation’s jurisdiction of incorporation served as the forum in which intra-corporate disputes were litigated because the state’s courts, and particularly in Delaware where more than 60 percent of Fortune 500 companies are incorporated, were broadly perceived as having a comparative advantage in the interpretation of the state’s corporate law and, in turn, the resolution of complex intra-corporate disputes.

However, by around 2002, due to an increasing perception that Delaware courts...
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