For Fla. Courts, Forum Selection Clause May Not Be Enough

Law360, New York (September 3, 2014, 10:55 AM EDT) -- You represent a Brazilian corporation that is entering into a joint venture with a Colombian concern. The joint venture relates to the development of a multimillion dollar wind farm in northeastern Brazil. You are finalizing the agreement and now it is time to select a judicial forum to hear any eventual disputes arising out of the joint venture. Your respective clients have informed you and your counterpart that neither Brazil nor Colombia is an option, so you and your colleague agree to designate the courts located in Miami as the fora where any dispute under the joint venture agreement will be brought. The parties also agree to stipulate that they waive any jurisdictional objections with respect to the designated courts, and agree to designate Florida law as applicable to any eventual dispute. Miami, after all, is the gateway to Latin America and, if a dispute ever arises, you might as well litigate in Miami....

Law360 is on it, so you are, too.

A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.

A Law360 subscription includes features such as

  • Daily newsletters
  • Expert analysis
  • Mobile app
  • Advanced search
  • Judge information
  • Real-time alerts
  • 450K+ searchable archived articles

And more!

Experience Law360 today with a free 7-day trial.

Start Free Trial

Already a subscriber? Click here to login

Related Sections

Law Firms


Government Agencies

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!