If business is conducted entirely within the USA, can a contract require that action be taken in England?
3 attorney answers
Many contracts have a choice of law and jurisdiction clause, which will generally be upheld by the courts. If you had a problem with this, you should have dealt with it when you negotiated the contract. Did you hire a lawyer to help you with it? As I have repeated here many times, international commerce is not for amateurs. In any case, you need a lawyer now.
"Forum selection" clauses are likely to be upheld by a court.
Take your contract to a business litigator to have it reviewed. As the above Legal Guide discusses, the exact language of the clause matters to how it's enforced.
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Forum-selection clauses, although not "historically. . . favored," are "prima facie valid." See Bremen v. Zapata Off-Shore Co., 407 U. S. 1 (1972). There are instances where a forum selection clause may not be enforced. In the case of Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585 (1991), the appellate court found good reasons NOT to enforce the forum selection clause. Unfortunately, the U.S.Supreme Court reversed and said “sorry, it's enforceable”. There were two dissenting Supreme Court justices who thought the appellate court got it right, and that the clause should NOT have been enforced. So, you should read those two cases (Bremen and Carnival Cruise)- you can find them on www.scholar.google. If you think you have a good case NOT to enforce the clause, you should hire a lawyer who can review your facts and give you’re an opinion about your particular case.