FORUM SELECTION CLAUSE IS ENFORCEABLE IN MASSACHUSETTS
The law is clear that forum selection clauses are enforceable in Massachusetts, especially where both parties are sophisticated businesses. See Kittredge Equip. Co. v Ted’s Victorian Pub & Rest. (2001 Mass App Div 192, 2001 Mass App Div LEXIS 103) (Noting that it is fair and reasonable to enforce a forum selection clause in parties’ contract where parties were sophisticated businessmen); Ionics, Inc. v Liberty Mut. Ins. Co., (2002, Super Ct) 15 Mass L Rep 508, 2002 Mass Super LEXIS 484 (Surety’s motion to dismiss a subcontractor’s action to recover on a payment and performance bond granted on venue grounds under Rule 12(b)(3) because the surety could enforce a forum selection clause that made Florida the site for dispute resolution.)
The importance of a forum selection clause cannot be understated. It allows you to litigate where you are located, rather than to travel to where the debtor is located. This can save money by avoiding wasted travel time and associated expenses.
For more information as to how to use a forum selection clause to your benefit, contact experienced Attorney Alan M. Cohen at 508 620-6900 or email firstname.lastname@example.org.