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

Enforcing a forum selection clause in international litigation is possible through a number of tactics. In Virginia, a party can enforce a forum selection clause by filing a motion to dismiss in the court of the chosen forum, citing the clause as the basis for the motion. The court may then grant the motion and dismiss the case. The party can also file a motion to stay the litigation in the court where the case was initially brought, pending litigation in the chosen forum. This would limit the ability of the opposing party to continue arguing the case in the original court. The motion might also include a request for a bond to ensure that the party who violated the forum selection clause pays for any monetary damages that result from the violation. If a party fails to comply with the terms of the forum selection clause, the other party can ask the court of the chosen forum to issue an injunction to prevent a hearing on the case in any other court. Lastly, if a court of another jurisdiction has jurisdiction over the case, the party can file a mandamus action to compel the offending court to comply with the forum selection clause. This request can be made to the court of appeals or the Supreme Court. This variety of tactics provides a party with options for enforcing a forum selection clause in international litigation.

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

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