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Atlantic Marine and the Future of Party Preference

18 Pages Posted: 17 Aug 2014 Last revised: 26 Mar 2015

Scott Dodson

University of California Hastings College of the Law

Date Written: August 4, 2014

Abstract

In Atlantic Marine, the U.S. Supreme Court held that a prelitigation forum-selection agreement does not make an otherwise proper venue improper. Prominent civil procedure scholars have questioned the wisdom and accuracy of this holding. This paper is derived from my presentation at the symposium on Atlantic Marine held at UC Hastings College of the Law on September 19, 2014. In this paper, I defend Atlantic Marine as essentially correct based on what I have elsewhere called the principle of party subordinance. I go further, however, to argue that the principle underlying Atlantic Marine could affect the widespread private market for prelitigation agreements, with significant commercial and doctrinal repercussions.

Keywords: atlantic marine, party subordinance, venue, transfer, 1404, 1406, forum selection, forum-selection, venue selection, prelitigation, privatized procedure, customized procedure

Suggested Citation

Dodson, Scott, Atlantic Marine and the Future of Party Preference (August 4, 2014). 66 Hastings Law Journal 675 (2015); UC Hastings Research Paper No. 112. Available at SSRN: https://ssrn.com/abstract=2477205

Scott Dodson (Contact Author)

University of California Hastings College of the Law ( email )

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United States
415-581-8959 (Phone)

HOME PAGE: http://https://www.uchastings.edu/faculty-administration/faculty/dodson/index.html

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