Forum Selection Clauses To Be Enforced, High Court Says

Law360, New York (December 3, 2013, 2:21 PM EST) -- The U.S. Supreme Court on Tuesday unanimously reversed a Fifth Circuit decision on the enforceability of a choice of forum clause in a subcontract for federal construction work, ruling that federal courts should only disregard such clauses in extraordinary circumstances.

The high court’s opinion, delivered by Justice Alito, resolved a split between circuit courts and established a clear guideline on the enforceability of forum selection clauses. The court ruled that when two parties have agreed to a forum selection clause in their contract, a district court...
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