Forum Selection Clauses
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Statutes
Governed by common law.
Cases
"Rhode Island courts have upheld the use of forum selection clauses when the application of the contractual provision satisfies the ""fundamental fairness"" judicial scrutiny test.
The Rhode Island Supreme Court has recognized that forum selection clauses are prima facie valid. Tateosian v. Celebrity Cruise Lines, Ltd., 768 A.2d 1248, 1250 (R.I. 2001). Although forum selection clauses are prima facie valid, they are still subject to judicial scrutiny for fundamental fairness. Id.
The key factors in finding a forum selection clause to be unenforceable are evidence of fraud or undue influence, contravention of a strong public policy of the forum in which the suit is brought, or facts establishing that the chosen forum is seriously inconvenient for trial of the action. Emplrs. Mut. Cas. Co. v. Michael Weinig, Inc., 2004 R.I. Super. LEXIS 90, 10 (R.I. Super. Ct. 2004)."
The key factors in finding a forum selection clause to be unenforceable are evidence of fraud or undue influence, contravention of a strong public policy of the forum in which the suit is brought, or facts establishing that the chosen forum is seriously inconvenient for trial of the action. Emplrs. Mut. Cas. Co. v. Michael Weinig, Inc., 2004 R.I. Super. LEXIS 90, 10 (R.I. Super. Ct. 2004)."
Comments
None.
Contributors
Edward H. Kammerer, Esq.
Edwards & Angell, LLP
The statutory information was edited and reviewed with the support of MultiState
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