SDNY Ruling Affords Forum, Arbitration Clause Drafting Tips

By Edmund O’Toole ( November 4, 2020, 4:10 PM EST) -- In CleanSpark Inc. v. Discover Growth Fund LLC,[1] a Sept. 9 decision from the U.S. District Court for the Southern District of New York, U.S. District Judge Jed Rakoff dismissed a contract dispute between a software company and a venture investor on personal jurisdiction grounds after reconciling two seemingly conflicting provisions — an arbitration clause and a forum selection clause — in two different but related agreements....

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