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Posts Categorized: Forum Selection Clause

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 »

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 »