How can a party enforce a forum selection clause in international litigation?

Enforcing a forum selection clause in international litigation in Texas requires both parties to work together to make sure the requirements of a valid contract are met. In Texas, a forum selection clause must be included in the contract and it must be clear that both parties agree to the clause. If it is not clear that a party agrees to a forum selection clause, then it cannot be enforced. Once the clause is agreed upon and included in the contract, it can be enforced by both parties. In Texas, each party must make a good faith effort to resolve the dispute in the forum selected in the clause. If a dispute is not resolved, then either party can petition the court to enforce the clause and for the dispute to be heard in the forum chosen in the contract. The court will look at a variety of factors when deciding whether to enforce the clause, including the parties’ intent when signing the contract, the fairness of the clause, and the public interest of the forum chosen. Texas follows the “effective vindication” doctrine when enforcing forum selection clauses. This means that the party requesting enforcement of the clause must show that the chosen forum is the best place to fairly resolve the dispute. If the court finds that the clause is reasonable and enforceable, then the court will grant the petition to enforce the clause.

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How can a party enforce a forum selection clause in international litigation?

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