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Civil Procedure Fall 2014

The Bremen v. Zapata Off-Shore Co.

Headnote

In Bremen v. Zapata Off-Shore Co and Carnival Cruise Lines, Inc. v. Shute, the Court considered “forum-selection clauses,” contractual provisions in which one or more parties agrees to submit to personal jurisdiction in a particular forum (or forums). These cases were decided against a history of hostility to these agreements; courts often refused to enforce them.