Forum Selection Clauses

"If the parties have agreed in writing that an action on a controversy may be brought in this state and the agreement provides the only basis for the exercise of jurisdiction, a court of this state will entertain the action if the court has power under the law of this state to entertain the action; this state is a reasonably convenient place for the trial of the action; the agreement as to the place of the action was not obtained by misrepresentation, duress, the abuse of economic power, or other unconscionable means; and the defendant, if within the state, was served properly. N.H. Rev. Stat. Ann § 508-A:2

If the parties have agreed in writing that an action on a controversy shall be brought only in another state and it is brought in a court of this state, the court will dismiss or stay the action unless the court is required by statute to entertain the action; the plaintiff cannot secure effective relief in the other state, for reasons other than delay in bringing the action; the other state would be a substantially less convenient place for the trial of the action than this state; the agreement as to the place of the action was obtained by misrepresentation, duress, the abuse of economic power, or other unconscionable means; or it would for some other reason be unfair or unreasonable to enforce the agreement. N.H. Rev. Stat. Ann § 508-A:3"

The Supreme Court of New Hampshire has held that only disputes “arising under” the contract will be subject to the forum selection clause. Hansa Consult of N. Am. V. Hansasconsult Ingenieurgesellschaft, 163 N.H. 46, 52 (2011). This means that the forum selection clause will be limited to disputes involving the rights and obligations that the contract itself creates. Id. at 53.