Authors

Erin O'Connor

Document Type

Article

Publication Title

Chicago Journal of International Law

Publication Date

2002

Page Number

301

Disciplines

Law

Abstract

Recent US court enforcement of foreign forum-selection clauses is durable only to the extent that the clauses make the contracts more valuable to the parties. The clauses can create value by making dispute resolution more certain, reliable, sensible, or efficient. In a few cases, the clauses can create value by significantly increasing the costs of formal dispute resolution. However, sometimes forum-selection clauses create no value. Rather, they simply reflect the stronger contracting party's desire to litigate at home. In these cases, both parties to the contract prefer a legal rule under which foreign forum-selection clauses are not enforced. Forum-selection clauses in international shipping contracts appear not to create value for the parties. In contrast, arbitration provisions in these contracts might create value for both shippers and carriers.

Included in

Law Commons

Share

COinS
 
 

To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.