law-forum-selection

law-forum-selection | also see venue case law |

FORUM SELECTION CLAUSES

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

A trial court abuses its discretion in refusing to enforce a forum-selection 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."
In re ADM Investor Servs., 304 S.W.3d 371, 375 (Tex. 2010) (orig. proceeding). "The burden of proof is
heavy for the party challenging enforcement." Id.

Mandamus relief is available to enforce a forum-selection clause. In re AutoNation, Inc., 228 S.W.3d 663,
667 (Tex. 2007); see In re AIU Ins. Co., 148 S.W.3d 109, 111-12 (Tex. 2004).

FORUM SELECTION CASES AND CASELAW SNIPPETS

In re TCW Global Project Fund II, Ltd (Tex.App.- Houston [14th Dist.] Sep. 22, 2008)
(mandamus denied re: denial of motion to dismiss based on a forum-selection clause)
MOTION OR WRIT DENIED: Per Curiam
Before Justices Brock Yates, Guzman and Brown
14-08-00116-CV In Re TCW Global Project Fund II, Ltd., TCW Asset Management Company, and
Trust Company of the West
Appeal from 189th District Court of Harris County
Trial Court Judge: William R. Burke JR.

Mandamus Available for Enforcement | Mandamus Standard of Review

Mandamus relief is available to enforce forum-selection clauses. In re AutoNation, Inc., 228 S.W.3d 663,
667 (Tex. 2007) (orig. proceeding). To be entitled to the extraordinary relief of a writ of mandamus, the
relator must show that the trial court clearly abused its discretion, and it has no adequate remedy on
appeal. In re Team Rocket, L.P., No. 06-0414, 51 Tex. Sup. Ct. J. 945, 2008 WL 2154092, at *1 (Tex.
May 23, 2008) (orig. proceeding). A trial court clearly abuses its discretion if it reaches a decision so
arbitrary and unreasonable as to amount to a clear and prejudicial error of law. Walker v. Packer, 827
S.W.2d 833, 839 (Tex. 1992) (orig. proceeding). In re Sterling Chemicals, Inc. (Tex.App.- Houston [14th
Dist.] Aug. 7, 2008)(Hedges)
(forum selection clause ambiguous, not enforced, mandamus denial, inconsistent jurisdiction provisions)

Halabu v. Petroleum Wholesale, LP (Tex.App.- Houston [1st Dist.] May 22, 2008)(Bland)
(special appearance, forum selection clause enforced)
AFFIRM TC JUDGMENT: Opinion by Justice Bland
Before Chief Justice Radack, Justices Jennings and Bland
01-07-00614-CV Shamil Halabu v. Petroleum Wholesale, L.P.
Appeal from 151st District Court of Harris County
Trial Court Judge: Hon. Caroline E. Baker

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