Federal Statutory Restrictions on the Enforceability of Forum Selection Clauses
Rigsbee, Timothy S.
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This author examines the relationship between the forum selection clauses and particular federal statutes. The comment traces judicial attitudes concerning forum selection clauses and analyzes how courts have applied the public policy exception to the enforceability of forum selection clauses recognized by the Supreme Court in The Bremen v. Zapata Off-Shore Co. In particular, the comment examines the anomalous treatment courts have given forum selection clauses under FELA, the Jones Act, the Securities Acts, the Federal Arbitration Act, the Miller Act, and the Carriage of Goods by the Sea Act. The article then examines Carnival Cruise Lines, Inc. v. Shute, the Supreme Court's most recent pronouncement on the enforceability of forum selection clauses where there is an applicable federal statute. The article concludes with a proposal for balancing competing policy concerns under the federal venue transfer provision.