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ARTICLE · 25 NOVEMBER 2016

Fifth Circuit Enforces Forum Selection Clause In Diversity Case

Strasburger & Price, L.L.P.
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Jonathan Barnett signed an employment contract agreeing to work for DynCorp, a private contractor that provided logistic support to the United States Army in Kuwait

United StatesLitigation, Mediation & Arbitration
Judith Blakeway
Judith Blakeway
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Jonathan Barnett signed an employment contract agreeing to work for DynCorp, a private contractor that provided logistic support to the United States Army in Kuwait. The contract had a choice of law clause providing that it would be governed under the laws of Kuwait and a forum selection clause providing all disputes would be resolved only in Kuwait. After concluding his work for DynCorp in Kuwait, Barnett sued DynCorp in Texas claiming it failed to provide him all pay and benefits he was owed.

DynCorp moved to dismiss based on forum non conveniens, arguing that the forum selection clause required the action to be brought in Kuwait. Barnett responded that the clause was unenforceable under federal law and void under Texas law because under Texas law a contract that establishes a limitations period shorter than two years is void and Kuwait's labor law had a one-year statute of repose.

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