In any commercial contract litigation case, the difference between success and defeat can be as small as a single word or word pair. That’s why it is so important to work with experienced Florida commercial litigation attorneys. It is vital to the protection of your business interests to make sure that each and every term of your commercial contract is carefully and fully negotiated after it has been assessed and approved by you and your knowledgeable attorney. In one recent case from Miami, the key to the case was one pair of words within one clause of the document.
In this case, the underlying contract that led to this lawsuit was a licensing agreement. Within the final version of the licensing agreement that the parties signed was a mandatory forum selection clause. Forum selection clauses can be helpful provisions within commercial contracts, potentially helping the parties avoid facing litigation in some far-flung location.
The mandatory forum selection clause in this agreement said that any “action or proceeding between Licensor and Licensee relating to this Agreement, whether pertaining to the interpretation or enforceability hereof or others, may only be brought in the courts of the State of New York, county of New York or the federal courts located therein, and both parties consent to the exclusive jurisdiction of such courts.”