Search for: ""The Bremen v. Zapata Off-Shore Co." OR "407 U.S. 1"" Results 1 - 20 of 29
Sorted by Relevance | Sort by Date
RSS Subscribe: 20 results | 100 results
2 Oct 2011, 10:29 am by Lawrence B. Ebert
Zapata Off-Shore Co., 407 U.S. 1, 10 (1972), the Supreme Court held that a forum-selection clause is “prima facie valid and should be enforced unless enforcement is shown by the resisting party to be ‘unreasonable’ under the circumstances. [read post]
30 Jun 2009, 3:32 pm
Zapata Off-Shore Co., 407 U.S. 1 (1972), held that the inconvenience of litigating in a foreign forum doesn't warrant setting aside a selection clause "where it can be said with reasonable assurance" that at the time the contract was made the parties contemplated the claimed inconvenience. [read post]
20 Apr 2015, 10:21 am by Paul E. Freehling
Zapata Off-Shore Co., 407 U.S. 1) criticized such thinking in part because forum selection clauses often provide consistency and certainty. [read post]
9 Nov 2011, 3:00 am by Ted Folkman
Zapata Off-Shore Co., 407 U.S. 1 (1972).The court also rejected the notion that Diamond Bermuda was engaged in an impermissible collateral attack on the Netherlands judgment, on the grounds that while in general a party cannot collaterally attack the merits of a foreign judgment, it can do so on one of the limited grounds in the UFCMJRA.Judge Frost dissented and raised what I think is a strong point. [read post]
29 Aug 2011, 3:00 am by Louis M. Solomon
Zapata Off-Shore Co., 407 U.S. 1 (1972), focusing on whether the clause was reasonably communicated to the party resisting enforcement; whether it was mandatory or permissive; whether the claims and parties are covered by the clause; and whether the presumption of enforceability was adequately rebutted (by making a strong showing that enforcement would “unreasonable or unjust, or that the clause was invalid for such reasons as… [read post]
9 Nov 2011, 3:00 am by Ted Folkman
Zapata Off-Shore Co., 407 U.S. 1 (1972).The court also rejected the notion that Diamond Bermuda was engaged in an impermissible collateral attack on the Netherlands judgment, on the grounds that while in general a party cannot collaterally attack the merits of a foreign judgment, it can do so on one of the limited grounds in the UFCMJRA.Judge Frost dissented and raised what I think is a strong point. [read post]
6 Jul 2022, 9:08 am by Erik W. Weibust
Zapata Off-Shore Co., 407 U.S. 1 (1972)], any disfavor Massachusetts harbors towards forum selection clauses—as manifested in the MNCA—does not weaken the presumption of enforceability that forum selection clauses enjoy in federal court. [read post]