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Firm Memoranda

SCOTUS: Atlantic Marine Constr. Co., Inc. v. U.S. District Court for the Western District of Texas: Valid Forum-Selection Clauses Are Enforceable Absent "Extraordinary Circumstances"

Date: 12/06/13

I. Introduction

The Supreme Court of the United States recently held that a valid forum-selection clause in a contract must be enforced by federal courts when a party to the contract files a lawsuit in a forum other than the one the parties bargained for. Absent certain “extraordinary circumstances” of public policy, "[w]hen the parties [to a contract] have agreed to a valid forum-selection clause, a district court should ordinarily transfer the case to the forum specified in that clause."

CGR Memo - SCOTUS - Valid Forum-Selection Clauses Are Enforceable Absent Extraordinary Circumstances.pdf (pdf | 197.51 KB )