Forum Selection Issues

"The forum for settling disputes arising out of letters of credit may be chosen in the manner and with the binding effect that governing law may be chosen in accordance withan agreement in the form of a record signed or authenticated by the affected parties in the manner provided in Section 75-5-104 or by a provision in the person’s letter of credit, confirmation or other undertaking. Miss. Code § 75-5-116.

A provision in any contract, subcontract, or purchase order for the improvement of real property in this state, or to provide materials therefor, is void and against public policy if it makes the contract, subcontract, or purchase order subject to the laws of another state, or provides that the exclusive forum for any litigation, arbitration, or other dispute resolution process be located in another state. Miss. Code § 87-7-9

If the law chosen by the parties to a consumer lease is that of a jurisdiction other than a jurisdiction in which the lessee resides at the time the lease agreement becomes enforceable or within thirty days thereafter or in which the goods are to be used, the choice is not enforceable. If the judicial forum chosen by the parties to a consumer lease is a forum that would not otherwise have jurisdiction over the lessee, the choice is not enforceable. Miss. Code § 75-2A-106.

Any contractual term restricting the procedural or substantive rights of a retailer in regards to repurchase of inventories from retailers upon termination of a contract, including a choice of law or choice of forum clause, is void. Miss. Code § 75-77-17"

Forum selection clauses are legal and enforceable in Mississippi. Tel-Com Management Inc. V. Waveland Resort Inns, Inc. 782 So. 2d 149, 153 (Miss. 2001); Frierson v. Delta Outdoor, Inc., 794 So. 2d 220, 226 (Miss. 2001). The Court in Te-Com held that absent a showing of "fraud, unfair dealing, or overreaching, forum selection clauses contained in an arm's length contracts are enforceable and are not violative of public policy in Mississippi. Tel-Management, Inc., 782 So. 2d 153-155- (Miss. 2001).)