For Fla. Courts, Forum Selection Clause May Not Be Enough
Law360, New York ( September 3, 2014, 10:55 AM EDT) -- You represent a Brazilian corporation that is entering into a joint venture with a Colombian concern. The joint venture relates to the development of a multimillion dollar wind farm in northeastern Brazil. You are finalizing the agreement and now it is time to select a judicial forum to hear any eventual disputes arising out of the joint venture. Your respective clients have informed you and your counterpart that neither Brazil nor Colombia is an option, so you and your colleague agree to designate the courts located in Miami as the fora where any dispute under the joint venture agreement will be brought. The parties also agree to stipulate that they waive any jurisdictional objections with respect to the designated courts, and agree to designate Florida law as applicable to any eventual dispute. Miami, after all, is the gateway to Latin America and, if a dispute ever arises, you might as well litigate in Miami....
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