Enforceability of Forum Selection Clauses in Texas

   
CONTRACTUAL CHOICE OF TEXAS AS FORUM FOR LITIGATION
  

Forum selection clauses are enforceable in Texas if the parties have contractually consented to submit to the exclusive jurisdiction of Texas. See In re Cornerstone Healthcare Holding Group, Inc., 348 S.W.3d 538, 540 (Tex. App.-Dallas 2011, orig. proceeding); Falk & Fish, L.L.P. v. Pinkston's Lawnmower & Equipment., Inc., 317 S.W.3d 523, 525 (Tex. App.-Dallas 2010, no pet.); My Café-CCC, Ltd. v. Lunchstop, Inc., 107 S.W.3d 860, 864 (Tex. App.-Dallas 2003, no pet.). We review a trial court's ruling concerning the validity and enforceability of a forum selection clause for an abuse of discretion. See Cornerstone, 348 S.W.3d at 540; Falk, 317 S.W.3d at 526. A trial court does not abuse its discretion if it bases its decision on conflicting evidence. My Café, 107 S.W.3d at 864.

  

SOURCE: DALLAS COURT OF APPEALS - 05-10-01385-CV – 4/2/12

 
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Enforceability of contractual forum selection in Texas

  
Contractual choice of forum for litigation 
   
FORUM SELECTION CLAUSES GENERALLY ENFORCEABLE  
   
Forum-selection clauses are generally enforceable and presumptively valid. In re Laibe Corp., 307 S.W.3d 314, 316 (Tex. 2010) (per curiam). A trial court abuses its discretion in refusing to enforce the clause unless the party opposing enforcement clearly shows (1) enforcement would be unreasonable or unjust, (2) the clause is invalid for reasons of fraud or overreaching, (3) enforcement would contravene a strong public policy of the forum where the suit was brought, or (4) the selected forum would be seriously inconvenient for trial. Id. The burden of proof is heavy for the party challenging enforcement. Id.
   
SOURCE: HOUSTON COURT OF APPEALS - 14-10-01077-CV - 10/20/11

RELATED LEGAL TERMS: venue, mandatory and permissive venue, motion to transfer venue