The Case for Attracting Litigation Business to the United States

U.S. state and federal courts routinely and reliably enforce “inbound” forum selection clauses (FSCs)—that is, if a party sues in a U.S. court designated by a contractual forum selection clause, courts will hear the case rather than dismissing on the basis of forum non conveniens.  In a recent post, John Coyle urged federal actors to offer a reasoned defense of this policy. In this post, I build on Will Moon’s post explaining why the U.S. has this broad policy in favor of enforcing inbound forum selection clauses. Opposition to this policy based on litigation isolationism relies on an assumption that cases that enter U.S. courts through forum-selection-clause-based jurisdiction otherwise...

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