Contract clause which requires disputes to be resolved in a given manner or court
Not to be confused with choice of law clause.
"Dispute resolution clause" redirects here. For other contract clauses concerning negotiation and mediation in resolving disputes, see Contract § Mediation and negotiation.
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Conflict of laws and private international law
Preliminaries
Characterisation
Incidental question
Renvoi
Choice of law
Conflict of laws in the United States
Public policy doctrine
Hague Conference
Definitional elements
Jurisdiction
Procedure
Forum non conveniens
Lex causae
Lex fori
Forum shopping
Lis alibi pendens
Connecting factors
Domicile
Lex domicilii
Habitual residence
Nationality
Lex patriae
Lex loci arbitri
Lex loci rei sitae
Lex loci contractus
Lex loci delicti commissi
Lex loci actus
Lex loci solutionis
Lex loci protectionis
Proper law
Lex loci celebrationis
Choice of law clause
Dépeçage
Forum selection clause
Substantive legal areas
Status
Capacity
Contract
Tort
Marriage
Divorce
Property
Forced heirship
Hague Trust Convention
Enforcement
Enforcement of foreign judgments
Anti-suit injunctions
Revenue rule
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In contract law, a forum selection clause (sometimes called a dispute resolution clause, choice of court clause, governing law clause,jurisdiction clause or an arbitration clause, depending upon its form) in a contract with a conflict of laws element allows the parties to agree that any disputes relating to that contract will be resolved in a specific forum. They usually operate in conjunction with a choice of law clause which determines the proper law of the relevant contract.
There are three principal types of clause:
that all disputes must be litigated in a particular court in a jurisdiction agreed upon by the parties;
that disputes must be resolved pursuant to a dispute resolution process, such as mediation, arbitration, or a hearing before a special referee or expert determination; or
the clause might refer to a combination, requiring a specific process to be carried out in a specific location, and if that process fails to resolve the issue, for litigation to be conducted in a particular court.
A simple forum selection clause covering both the proper law of the contract and the forum for resolving disputes might read:
This contract is governed by the laws of England and any dispute shall be finally resolved by the English courts.
When the clause chooses a particular jurisdiction for the resolution of disputes, it may do so either as an exclusive jurisdiction clause or a jurisdiction clause. An exclusive jurisdiction clause mandates that all disputes must be resolved by a particular court, whereas jurisdiction confirms that a particular court may be used by the relevant parties, but does not preclude a party from commencing proceedings in another court if they wish to do so.[1]
^"Governing Law and Choice of Forum Clauses Explained | LexisNexis Canada". www.lexisnexis.ca. Retrieved 2021-02-18.
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proferentem UNIDROIT Principles Dispute resolution Choice of law clauseForumselectionclause Hague Choice of Court Convention Arbitration New York Convention...