Forum Selection

The liability of an issuer, nominated person, or adviser for action or omission is governed by the law of the jurisdiction chosen by an agreement in the form of a record signed or otherwise authenticated. The jurisdiction whose law is chosen need not bear any relation to the transaction. Unless contained within an agreement, the liability of an issuer, nominated person, or adviser for action or omission is governed by the law of the jurisdiction in which the person is located. Md. Code, Comm. Law § 5-116

Forum selection clauses are presumptively valid and enforceable. Gilman v. Wheat, First Sec.,345 Md. 361, 692 A.2d 454 (1997). The party resisting the clause has the burden to show that it is unreasonable. Id. In order to establish that such clauses are unreasonable the party must make a clear showing that (a) the clause was induced by fraud or overreaching; (b) the contractually selected forum is so inconvenient and unfair as, for all practical purposes, to deprive the party of its day in court; and (c) enforcement would contravene a strong public policy of the state where the action is filed. Id. see also Financial Svcs, Inc. v. Popular Leasing USA, Inc.,391 Md. 274, 892 A.2d 571 (2006).

None.