Waiver of Jury Trial Clause
(NY)

Summary

This waiver of jury trial clause may be used in a commercial agreement governed by New York law. This provision provides parties with the option of waiving their right to a jury trial in the event of a dispute. This clause includes practical guidance and drafting notes. Parties may elect to forgo their right to a jury trial by including an express waiver of that right in their agreements. Generally, the waiver is enforceable if it is entered into knowingly, intentionally, and voluntarily, the language is clear, unequivocal, and prominently set forth in the agreement, and the parties are of roughly equal bargaining power. A waiver of jury trial clause also often incorporates language on forum selection and choice of law. For non-jurisdictional waiver of jury clauses, see Waiver of Jury Trial Clauses. For additional guidance on drafting, see Contract Clause Review (Litigator's Perspective), Commercial Contract Drafting and Review, and Commercial Contract Drafting and Review Checklist.