Civil Procedure I
Forum-selection clauses say where a contract shall be litigated to the exclusion of all other courts.
Prima facie valid and enforceable
...unless one of:
- Obtained by fraud, undue influence, overwhelming bargaining power
- Application would render litigation so gravely difficult and inconvenient that for all practical purposes plaintiff would be deprived of day in court
- Second is basically fairness factors
Reference: Paul Business Systems & Carnival Cruise