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Article: The jurisprudence and politics of forum-selection clauses
- Article from:
- Chicago Journal of International Law
- Article date:
- October 1, 2002
- Author:
CopyrightCopyright University of Chicago Law School Fall 2002. Provided by ProQuest LLC. (Hide copyright information)
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In the past three decades, the US Supreme Court and the lower federal courts have significantly increased contracting parties' freedom to choose the law and the forum that will be used to resolve their future disputes. This freedom to choose appears most important in the context of international commercial transactions, where the courts recognize a clear relationship between trade and contractual freedom. The sentiment was first strongly expressed by the Supreme Court in its landmark The Bremen v. Zapata Off-Shore Corporation1 decision:
Here we see an American company with special expertise contracting with a foreign company to tow a complex machine thousands of miles across seas and ...