Lex fori, Choice of forum, Forum selection
In a recent article, Professor Tanya Monestier argued that courts should change their ways so as to apply lex fori to all questions involving forum-selection clauses. I agree that lex fori governs matters of enforceability, but I disagree as to matters of interpretation. On the basis of case law and policy arguments, I argue that the law chosen by the contract should govern interpretation of the forum-selection clause.
Kevin M. Clermont, "Reconciling Forum-Selection and Choice-of-Law Clauses," 69 American University Law Review Forum 171 (2020)