The Effect of Forum Selection Clauses on District Courts’ Authority to Compel Arbitration
American Arbitration Association Dispute Resolution Journal, Vol. 55, January 2006
5 Pages Posted: 26 Jun 2010
Date Written: January 1, 2006
This is a short piece written for the AAA's Dispute Resolution Journal on two competing provisions in Section 4 of the FAA. One provision tells district courts to compel arbitration in accordance with the parties' agreement, including any forum selection clause. The other says that the court can compel arbitration only within its own territory. This, of course, creates a problem when the forum selection clause calls for arbitration in another jurisdiction. This short article addresses the conflict, showing how courts tend to rule on the issue (as of 2006).
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