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By Brittany Ogden
Hannah Arendt said, “Promises are the uniquely human way of ordering the future, making it predictable, and reliable to the extent that this is humanly possible.” And nothing is less predictable or reliable than litigation. However, companies continuously endeavor to find ways to shine a light into the murky future and make things as predictable as possible. One way is a forum selection clause in contracts.
Introduction
The Restatement (Second) of Conflicts of Laws states that “[t]he parties’ agreement as to the place of the action will be given effect unless it is unfair or unreasonable.” Such a clause will be enforced unless there is a strong reason to set it aside.
Historically, forum selection clauses have not been favored by American courts...
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