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Forum Selection Clause Upheld; Not Shown to Be Unreasonable

In upholding the validity of a contractual forum selection clause, the Second Department wrote:

“Although once disfavored by the courts, it is now recognized that parties to a contract may freely select a forum which will resolve any disputes over the interpretation or performance of the contract” … “A contractual forum selection clause is prima facie valid and enforceable unless it is shown by the challenging party to be unreasonable, unjust, in contravention of public policy, invalid due to fraud or overreaching, or it is shown that a trial in the selected forum would be so gravely difficult that the challenging party would, for all practical purposes, be deprived of its day in court” … . Lifetime Brands, Inc v Garden Ridge, LP, 2013 NY Slip Op 02721, 2nd Dept, 4-24-13

 

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