I would need to look at the specifics of the agreement to answer the question more fully, and if you are in a dispute with a counter-party to an agreement, you should engage an attorney to review your rights and options with you.
Generally-speaking, if an agreement provides for arbitration in a specific venue, one party cannot compel the other to arbitrate in a different venue. Of course, as any generalization, it's an oversimplification. For instance, if the very validity of the contract is in dispute, the fact that the contract specifies a jurisdiction may not be determinative.
No Attorney-Client Relationship. This post has been prepared by Inna Efimchik of White Summers for general informational purposes only. The information provided herein does not constitute advertising, a solicitation or legal advice. Neither the availability, transmission, receipt nor use of any information included herein is intended to create, or constitutes formation of, an attorney-client relationship or any other special relationship or privilege. You should not rely upon this post for any purpose without seeking legal advice from licensed attorneys in the relevant state(s).
Generally if the contract has a choice of law provision and choice of venue for arbitration, it is binding on all parties to the contract. However, there is always the chance that the arbitration clause is not enforceable due to various legal issues. In the event the arbitration clause is enforceable, a party cannot unilaterally change that provision of the contract.
DISCLAIMER: Please be advised that this post is not intended to constitute legal advice and is for informational purposes only. This posting in on way creates an attorney client relationship. You should contact an attorney to protect your interests.
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