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- Title
The Effect of Forum -- Selection Clauses on a District Court's Power to Compel Arbitration.
- Authors
Hinchey, John
- Abstract
The article focuses on the effect of forum-selection clauses on the authority of the district court to compel arbitration. There are limitations associated with the provisions of the forum selection clauses when it comes to the measure of predictability and certainty to contracts. This is so because there exist some judicial confusions as a result of conflicting language in section 4 of the Federal Arbitration Act (FAA). In this context, three approaches are being explained in the light of the FAA. The first approach is that the court can compel arbitration within its jurisdiction, regardless of the choice of forum in the contract of the parties. The second approach states that the court can compel arbitration outside its jurisdiction, despite prohibitive language in Section 4 of the FAA. According to the third approach, the court has no right to compel the arbitration anywhere. In this context, various citations related to the approaches with regards to the actions of the courts are provided.
- Subjects
FORUM selection clause; ARBITRATION (Administrative law); DISTRICT courts; LEGAL certainty; CONTRACTS; STANDARDIZED terms of contract; LANGUAGE contact; JURISDICTION; AUTHORITY
- Publication
Dispute Resolution Journal, 2005, Vol 60, Issue 4, p54
- ISSN
1074-8105
- Publication type
Article