In a piece published by Insights: The Corporate & Securities Law Advisor, litigation & enforcement partners Peter Welsh (Boston) and Anne Johnson Palmer (San Francisco), and associate Daniel Fine (Boston) examine a recent decision that may threaten reliance on forum selection clauses mandating litigation in the Delaware Court of Chancery. A California Superior Court decision found that such a clause was not enforceable because the Court of Chancery does not provide for civil jury trials.
The authors conclude that while it remains to be seen how parties to complex commercial transactions will respond to these developments going forward, contracting parties should take notice and consider adapting in the future.
The article is available here.
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