Forum selection clauses, whereby parties to a contract agree that subsequent disputes regarding the contract must be brought in a specific venue, are commonly included in most contracts. Many lawyers may not be aware, however, that minor changes in the wording of a forum selection clause can have a dramatic impact on its scope.
For example, agreeing to jurisdiction in courts “of” a certain venue is very different than agreeing to jurisdiction in courts “in” the venue. Likewise, use of the phrase “shall” does not necessarily guarantee that a forum selection clause is mandatory.
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