Where Can I Sue You? Forum Selection vs. Choice of Law
A post on the website of Meislik & Meislik discusses the differences between two contract provisions that sometimes are confused: forum selection and choice of law.
Ira Meislik explains:
What’s a forum selection provision? That’s the one your agreement says where you can file suit to enforce your agreement. What is often confused with a forum selection provision? That would be a choice of law provision. That’s where the parties agree as to which state’s law will apply to their agreement. Once you are properly in any state’s courts, those courts can apply whatever law you’ve agreed should be used.
His article describes how the two provisions work in various states and then concludes with six points to keep in mind during the drafting process.
