•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.
•