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

See all articles by John Hinchey

John Hinchey

King & Spalding - Atlanta Office

Thomas V. Burch

University of Georgia School of Law

Date Written: January 1, 2006

Abstract

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).

Suggested Citation

Hinchey, John and Burch, Thomas V., The Effect of Forum Selection Clauses on District Courts’ Authority to Compel Arbitration (January 1, 2006). American Arbitration Association Dispute Resolution Journal, Vol. 55, January 2006, Available at SSRN: https://ssrn.com/abstract=1630897

John Hinchey

King & Spalding - Atlanta Office

191 Peachtree Street
Atlanta, GA 30303-1763
United States

Thomas V. Burch (Contact Author)

University of Georgia School of Law ( email )

225 Herty Drive
Athens, GA 30602
United States

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