Choice of Forum Clauses


Summary

This form contains choice of forum clauses that may be used in a commercial contract to determine the court and location where a dispute will be resolved, and can be combined with a jury waiver. This form includes practical guidance and drafting notes. While choice of law provisions determine the substantive law to be applied, such provisions have nothing to do with where suit is brought. Depending on the circumstances, a choice of forum clause will be more important to the client. Choice of forum clauses can be either mandatory or permissive. A mandatory clause is one that requires that the courts of a particular jurisdiction have exclusive jurisdiction. A permissive clause provides only that a party may be permitted to bring an action in a certain jurisdiction. This form contains both options. For more information on choice of forum clauses, see Choice of Law and Choice of Forum Clauses. For guidance on contract drafting in general, see Commercial Contract Drafting and Review, ...