Duane Morris LLP: U.S. Supreme Court Issues Significant Forum-Selection Decision

Duane Morris LLP: U.S. Supreme Court Issues Significant Forum-Selection Decision


There has been confusion in the courts over the years regarding the appropriate mechanism to enforce forum-selection clauses, which are now routinely included in many commercial and personal contracts. Such clauses typically require any dispute between contracting parties to be resolved in the particular federal or state court chosen by the parties in the contract. On December 3, 2013, the U.S. Supreme Court issued a key decision clarifying the course that a court must follow when confronted with a dispute over a forum-selection clause.

In Atlantic Marine Construction Co. v. United States District Court for the Western District of Texas, No. 12–929, the Supreme Court in a unanimous opinion, authored by Justice Alito, set forth the procedure a federal court must follow when confronted with a lawsuit that has been filed in a jurisdiction not selected by the parties in their contract. Specifically, the Court ruled that in an action involving a federal forum-selection clause, a court must transfer the action to the appropriate federal forum selected by the parties [enhanced opinion available to lexis.com subscribers. lexis.com subscribers may access Supreme Court briefs for this case].

The Court also opined that, in a situation involving a state forum-selection clause, the proper course is dismissal of the case, which can potentially lead to significant statute-of-limitation issues for the unwary. The only exception to the enforceability of the above clauses is the rare situation when public policy would preclude the enforcement of such clauses.

This decision is of significance to business interests as it clarifies that courts will respect the forum-selection clauses chosen by the parties. The Court emphasized the value in "holding parties to their bargain."

For Further Information

If you have any questions about this Alert or would like more information, please contact Robert B. Hopkins, any of the attorneys in our Trial Practice Group or the attorney in the firm with whom you are regularly in contact.

Read more legal alerts and updates and the Duane Morris website

 Disclaimer: This Alert has been prepared and published for informational purposes only and is not offered, or should be construed, as legal advice. For more information, please see the firm's full disclaimer.

 © 1998-2013 Duane Morris LLP. Duane Morris is registered service mark of Duane Morris LLP.

For more information about LexisNexis products and solutions, connect with us through our corporate site.