Forum-Selection Clauses: Beyond the Contracting Parties

(2016) 12 J. Priv. Int't L. 26-59

27 Pages Posted: 6 Apr 2016

See all articles by Vaughan Black

Vaughan Black

Dalhousie University - Law School

Stephen G. A. Pitel

University of Western Ontario - Faculty of Law

Date Written: September 20, 2015

Abstract

Canadian courts have started to consider whether and in what circumstances a non-contracting party will be treated as bound by a forum selection clause. This article examines several possible reasons for holding non-parties bound by such clauses and considers how the analysis would unfold in three different contexts: taking jurisdiction, staying proceedings based on forum non conveniens, and obtaining an anti-suit injunction. It draws on recent American decisions which have used both a closely-related test and a global-transaction test to hold non-parties bound, considering the extent to which these tests might be adopted by Canadian courts.

Keywords: jurisdiction, forum-selection clause, jurisdiction agreement, submission, privity of contract, stay of proceedings, forum non conveniens, anti-suit injunction

Suggested Citation

Black, Vaughan and Pitel, Stephen G. A., Forum-Selection Clauses: Beyond the Contracting Parties (September 20, 2015). (2016) 12 J. Priv. Int't L. 26-59. Available at SSRN: https://ssrn.com/abstract=2758299

Vaughan Black

Dalhousie University - Law School ( email )

6061 University Avenue
6061 University Ave
Halifax, Nova Scotia B3H 4H9
Canada

Stephen G. A. Pitel (Contact Author)

University of Western Ontario - Faculty of Law ( email )

London, Ontario N6A 3K7 N6A 3K7
Canada

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