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Reconciling Forum-Selection And Choice-Of-Law Clauses, Kevin M. Clermont
Reconciling Forum-Selection And Choice-Of-Law Clauses, Kevin M. Clermont
Cornell Law Faculty Publications
In a recent article, Professor Tanya Monestier argued that courts should change their ways so as to apply lex fori to all questions involving forum-selection clauses. I agree that lex fori governs matters of enforceability, but I disagree as to matters of interpretation. On the basis of case law and policy arguments, I argue that the law chosen by the contract should govern interpretation of the forum-selection clause.