Forum Selection Clause

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Statutes

No statutory language available.

Cases

"Kentucky generally enforces forum selection clauses in contracts. Kentucky adopted Section 80 of the Restatement (Second) of Conflict of Laws, which holds that the parties' agreement as to the place of the action cannot oust a state of judicial jurisdiction but such an agreement will be given effect unless it is unfair or unreasonable.

There are four factors to determine whether a forum selection clause is enforceable in Kentucky:

  1. Whether the clause was freely negotiated;
  2. Whether the specific forum is a seriously inconvenient place for trial;
  3. Whether enforcement would contravene a strong public policy of the forum in which the suit is brought; and
  4. Whether Kentucky has more than a minimal interest in the lawsuit.

(Prudential Resources Corp. v. Plunkett, 583 S.W.2d 97, 99-100 (1979))."

Comments

Forum selection clauses are prima facie valid, and the burden rests on the movant to prove that enforcement is unreasonable. See Kentucky Farm Bureau Mut. Ins. Companies v. Henshaw, 95 S.W.3d 866, 867 (Ky. 2003).  

Contributors

Jerad T. Whitt
Keating Muething & Klekamp PLL

The statutory information was edited and reviewed with the support of MultiState

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