Posts Categorized: Forum Selection Clause

Posted: June 15, 2020

Allegations of Fraud Unrelated to Forum Selection Clause Do Not Bar Enforcement of Clause

On April 1, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Abyss Ltd. v. Netki, Inc., 2020 NY Slip Op. 31523(U), holding that allegations of fraud unrelated to an agreement’s forum selection clause do not bar enforcement of the clause, explaining: A forum selection clause is a contractual provision... Read more »

Posted: September 16, 2019

General Obligations Law 5-1402 Bars Forum Non Conveniens Motion

On September 5, 2019, Justice Borrok of the New York County Commercial Division issued a decision in HH Trinity Apex Invs. LLC v. Hendrickson Props. LLC, 2019 NY Slip Op. 32623(U), holding that GOL 5-1402 barred a forum non conveniens motion, explaining: When the court finds that in the interest of substantial justice the action... Read more »

Posted: August 19, 2019

Corporate Parent Not Bound by Forum Selection Clause in Contract Signed by Subsidiary

On July 30, 2019, Justice Sherwood of the New York County Commercial Division issued a decision in Array Biopharma, Inc. v. Astrazeneca PLC, 2019 NY Slip Op. 32345(U), holding that a corporate parent was not bound by a forum selection clause in a contract signed by a subsidiary, explaining: The General Obligations Law states, in... Read more »

Posted: May 10, 2019

Justice Platkin Analyzes Enforcement of Forum Selection Clauses

On April 17, 2019, Justice Platkin of the Albany County Commercial division issued a decision in New York State Workers’ Compensation Bd. v. Episcopal Church Home & Affiliates, Inc., 2019 NY Slip Op. 29117, analyzing the law governing the enforcement of forum selection clauses: CPLR 501 provides that a written agreement fixing place of trial,... Read more »

Posted: February 27, 2019

Party That Did Not Sign Contract Can Invoke Contract’s Forum Selection Clause Based on Close Relationship With Signatory

On February 8, 2019, Justice Borrok of the New York County Commercial Division issued a decision in Miura Golf LP v. Irving Golf, Inc., 2019 NY Slip Op. 30298(U), holding that a party that did not sign a contract’s forum selection clause nonetheless could enforce it based on the party’s close relationship with a signatory, explaining:... Read more »

Posted: December 27, 2018

Court Dismisses Action, Enforcing Forum Selection Clause

On December 14, 2018, Justice Emerson of the Suffolk County Commercial Division issued a decision in Somerset Fine Home Bldg., Inc. v. Simplex Indus., Inc., 2018 NY Slip Op. 51845(U), dismissing an action based on a forum selection clause, explaining: Although once disfavored by the courts, it is now recognized that parties to a contract may... Read more »

Posted: September 5, 2017

Party May Invoke Forum Selection Clause Against Non-Signatory Closely Related to a Signatory

On August 29, 2017, the First Department issued a decision in Universal Investment Advisory SA v. Bakrie Telecom PTE, Ltd., 2017 NY Slip Op. 06344, holding that parties that did not sign an agreement could nonetheless be bound by the agreement’s forum selection clause, explaining: [T]he motion to dismiss the third, fifth and seventh causes... Read more »

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 »