59
Venue Issues (cont.)
§Forum selection clauses are prima facie valid when included in a freely
negotiated private international agreement. The
United States Supreme Court has identified three exceptions to the enforceability of a
facially-valid forum selection clause:
§If the selected forum is so gravely difficult and inconvenient that the
complaining party will for all practical purposes be deprived of his day in court;
§If the clause was a product of fraud, undue influence, or overweening
bargaining power; and
§If enforcement would contravene a strong public policy of the forum in
which suit is brought, whether declared by statute or by judicial decision.
