Law Applicable to Forum-Selection Clauses – Less Flexibility than for Arbitration Clauses - ASA Bulletin View Law Applicable to Forum-Selection Clauses – Less Flexibility than for Arbitration Clauses by - ASA Bulletin Law Applicable to Forum-Selection Clauses – Less Flexibility than for Arbitration Clauses 41 3

The decision provides guidance on the law governing the interpretation of a forum-selection clause under the PILA. Subject to a specific and deviating choice of law that applies to the forumselection clause, and if there is both a jurisdiction clause and a choice-of-law clause, the law that applies to the main contract also applies to the interpretation of the forum-selection clause. While this decision provides more predictability and reduces the likelihood for disputes, it is not comprehensive. The decision also confirms that the more flexible rules applying to the interpretation of arbitration agreements do not apply to forum selection clauses.

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