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Law Offices of Jonathan M. Cooper

Q:
Is there any way I can get out of the forum selection clause in my NY contract?

A:

New York's courts have allowed parties to get out of their forum selection clauses, but those circumstances are extremely rare and hard to prove.

As noted in "One Way to Escape a Forum Selection Clause in New York," the defendant who is contesting the plaintiff's choice of forum must be able to demonstrate that compelling him to litigate in the designated forum would perpetuate a great injustice, and effectively deny him his fair day in court.

This level of proof is daunting indeed.