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Waiver Of The Right To Remove In Forum Selection Clauses Subject To The Convention On The Recognition And Enforcement Of Foreign Arbitral Awards, William E. Marple, Andrew O. Wirmani
Waiver Of The Right To Remove In Forum Selection Clauses Subject To The Convention On The Recognition And Enforcement Of Foreign Arbitral Awards, William E. Marple, Andrew O. Wirmani
Mercer Law Review
Three federal appellate decisions have now addressed whether, in cases subject to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention), parties may agree to waive their right to remove to federal court through forum selection clauses. In all three cases, each court held that to be enforceable the waiver must be expressed in "clear and unequivocal" terms or meet some other heightened standard of scrutiny. These court decisions present several significant points. First, the decisions of these courts to deviate from general principles of contract construction and analyze the waiver issue under …