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Article: Defending your client's choice of forum: careful focus and precise drafting pay off.
- Article from:
- Defense Counsel Journal
- Article date:
- October 1, 1999
- Author:
CopyrightCOPYRIGHT 1999 International Association of Defense Counsels. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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Forum selection and choice of law clauses can be effective, but they must be precise and raised as defenses as early as possible
FORUM selection clauses--contract language in which the parties specify in advance the jurisdiction in which future disputes are to be litigated--have become a prominent feature on the modern commercial landscape. Eliminating uncertainty and ensuring a convenient locus for the adjudication of disputes, these clauses are being used increasingly in all varieties of contracts.
Forum selection clauses are no longer attackable on their face, but plaintiffs' attorneys have attempted to use a wide variety of pleading tactics to avoid ...