Atlantic Marine and the Future of Party Preference
18 Pages Posted: 17 Aug 2014 Last revised: 26 Mar 2015
Date Written: August 4, 2014
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
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