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Enforceability Of Forum Selection Clauses: A "Gallant Knight" Still Seeking Eldorado, Nathan M. Crystal, Francesca Giannoni-Crystal

Nathan M. Crystal

Forum selection clauses (“FSC”) are very common in both domestic and international contracts. In Bremen v. Zapata Off-Shore Company (“Bremen”), 407 U.S. 1 (1972), the Supreme Court established basic standards for the enforceability of such clauses. Relying on Bremen standards, courts today generally enforce FSC. However, the vagueness of Bremen standards leaves room for a party to resist enforcement. The result may be delay and inefficiency. The Supreme Court has said that arbitration clause is a form of FSC, but it has applied different standards for the enforcement of arbitration clauses from FSC. This article argues for a reformulation of …