Christopher G. Hill | Construction Law Musings If there is one mantra that is repeated often here at Construction Law Musings, it is that your construction contract will be strictly construed and Virginia Courts will enforce the provisions as written. This rule includes forum selection clauses. For those that aren’t attorneys, this means that absent a statute to… Continue reading When is Forum Selection in a Construction Contract Enforceable?
Tag: Forum Selection Clause
How Forum-Selection and Choice-of-Law Provisions in Insurance Policies Can Affect Coverage
Jeffrey Mikoni and Matthew Putorti | Policyholder Pulse Location matters. Some states are more protective of policyholder or consumer interests than others. And so, where the case is ultimately litigated, and what law applies, can have profound implications for a policyholder’s recovery. In an effort to secure the application of a body of jurisprudence they… Continue reading How Forum-Selection and Choice-of-Law Provisions in Insurance Policies Can Affect Coverage
Is This a Forum Selection Clause, or Not?
Stanley A. Martin | Commonsense Construction Law | November 6, 2019 Forum selection clauses have become commonplace in construction contracts. Most general contractors take steps to ensure that they can bring their subs into the same forum as the owner, should there be an owner dispute that involves the sub’s work. One contractor has just… Continue reading Is This a Forum Selection Clause, or Not?
Is Your Forum Selection Clause Mandatory or Permissive: How to Know the Difference and Why you Should
Cheryl D. Shoun | Nexsen Pruet | May 8, 2018 Drafting an agreement that includes a forum selection clause? Preparing to litigate an agreement that includes a forum selection clause and wondering how to argue? The United States District Court, relying on a recent Fourth Circuit opinion offered some help to your analysis in Allstate Crane… Continue reading Is Your Forum Selection Clause Mandatory or Permissive: How to Know the Difference and Why you Should
First Department Finds Forum Selection Clause in Earlier Agreement Valid Despite Later Agreement Providing for Arbitration
Peter J.W. Sherwin and Alyse F. Stach | Proskauer Rose LLP | May 4, 2016 In a 3-2 split decision, a New York appellate court determined that a forum selection clause providing for litigation in New York courts had not been explicitly terminated and thus trumped agreements to submit to arbitration in London provided in… Continue reading First Department Finds Forum Selection Clause in Earlier Agreement Valid Despite Later Agreement Providing for Arbitration