Public Policy Must Be Considered Before Clause Is Invalidated, Panel Says

Public Policy Must Be Considered Before Clause Is Invalidated, Panel Says

ST. LOUIS - The Eighth Circuit U.S. Court of Appeals on Aug. 27 determined that a district court erred in failing to consider whether the State of Missouri's public policy against the enforcement of mandatory arbitration provisions is sufficient to invalidate a forum selection clause in an insurer's policy (Union Electric Co. d/b/a Ameren Corp. v. Energy Insurance Mutual Ltd.,  No. 11-1315, 8th Cir.; 2012 U.S. App. LEXIS 18100).

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