In this blog, we typically review forum-selection cases in the
context of internet-related contracts and software licenses. A
recent decision out of the US Supreme Court squarely addressed the
issue of forum-selection clauses in a construction contract. While
this is not an intellectual property case, it is instructive for
Canadian companies entering into any contract in the US. To review,
a "forum-selection clause" is a provision in a contract
which picks a particular country or province or state for the
resolution of disputes - put another way, it's the place where
litigation would be started in the event of a dispute.
In
Atlantic Marine Construction Co., Inc. v. U.S. District
Court For The Western District of Texas , the US
Supreme Court indicated that where the parties have elected to
include a forum-selection clause in their contract, that clause
"represents [their] agreement as to the most proper
forum," and should be "given controlling weight in all
but the
