Floating Forum Selection Clauses
Most forum selection clauses refer specifically to the courts of a particular jurisdiction. Floating forum selection clauses are different. A floating clause does not reference any court by name. Instead, it ties the choice of forum to a mutable fact that can change after the contract is made. The possibility that the identity of the chosen forum can change between the time of signing and the time of litigation explains why these provisions are described as “floating.”
This post first explains why a company might choose to write a floating forum selection clause into its contracts. It then examines when … Read more