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Posts Categorized: Forum Selection Clause

Posted: July 17, 2017

Forum Selection Clause Precluded Consideration of Forum Non Conveniens Argument

On July 13, 2017, the First Department issued a decision in Honeywell International Inc. v. ARC Energy Services, Inc., 2017 NY Slip Op. 05686, holding that a New York forum selection clause precluded consideration of a forum non conveniens argument, explaining: Plaintiff and defendant ARC entered into a services agreement which included an explicit choice… Read more »

Posted: March 22, 2017

Defendant Waived Forum Selection Clause By Failing Timely to Object to Forum

On March 8, 2017, Justice Kornreich of the New York County Commercial Division issued a decision in Jiangsu Jintan Liming Garments Factory v. Empire Imports Group, Inc., 2017 NY Slip Op. 30469(U), holding that a defendant had waived enforcement of a forum selection clause by failing timely to object to the plaintiff’s choice of forum,… Read more »

Posted: February 5, 2017

Agreements’ Forum Selection Clauses Did Not Bind Non-Signatories

On January 30, 2017, Justice Singh of the New York County Commercial Division issued a decision in Sustainable Pte Ltd. v. Peak Venture Partners LLC, 2017 NY Slip Op. 30202(U), holding that defendants were not bound by the forum selection clauses of agreements they did not sign, explaining: To establish jurisdiction, plaintiffs rely on the… Read more »

Posted: January 14, 2017

Court Will Not Enforce Unreasonable Forum Selection Clause

On January 12, 2017, the First Department issued a decision in Prospect Funding Holdings L.L.C v. Maslowski, 2017 NY Slip Op. 00253, holding that a forum selection clause should not have been enforced, explaining: The New York action should have been dismissed pursuant to CPLR 327(a). In the interest of substantial justice, the parties’ dispute… Read more »

Posted: October 12, 2016

Court Properly Enjoined Litigation in Venue Other Than That Provided in Forum Selection Clause

On October 4, 2016, the First Department issued a decision in Madden International, Ltd. v. Lew Footwear Holdings Pty Ltd., 2016 NY Slip Op. 06443, enjoining litigation in a forum other than that provided in a forum selection clause, explaining: Notwithstanding that the parties’ agreement contained a choice of law clause providing that the agreement… Read more »

Posted: July 4, 2016

Parties Who Did Not Sign Contract With a Forum Selection Clause May Still Be Bound By It

On June 20, 2016, Justice Singh of the New York County Commercial Division issued a decision in Pegasus Strategic Partners, LLC v. Stroden, 2016 NY Slip Op. 31159(U), holding defendants who were not parties to an agreement with a forum selection clause to nonetheless be bound by that clause. In Pegasus Strategic Partners, three of… Read more »

Posted: July 3, 2016

New York Forum Selection Clause Gave Court Jurisdiction to Hold Party in Contempt

On June 23, 2016, the First Department issued a decision in Gliklad v. Cherney, 2016 NY Slip Op. 05054, rejecting an argument that the trial court lacked jurisdiction to hold a litigant in contempt, explaining: [Defendant] contends that the trial court lacked personal jurisdiction to issue the contempt order. By decision entered January 21, 2014,… Read more »

Posted: June 14, 2016

Court Enjoins Participation in Out-of-State Action Violating New York Forum Selection Clause

On May 27, 2016, Justice Kornreich of the New York County Commercial Division issued a decision in GE Oil & Gas, Inc. v. Turbine Generation Services, L.L.C., 2016 NY Slip Op. 50825(U), enjoining a party from participating in an out-of-state action brought in violation of a forum selection clause. In GE Oil & Gas, the… Read more »

Posted: March 19, 2016

Litigant Waived Right to Enforce Forum Selection Clause

On March 3, 2016, Justice Kornreich of the New York County Commercial Division issued a decision in Herman v. 36 Gramercy Park Realty Associates, LLC, 2016 NY Slip Op. 30360(U), holding that a litigant had waived the right to enforce a forum selection clause. In Herman, the defendant filed a third-party complaint, which the third-party… Read more »