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Choice of Venue Provisions

by | Mar 3, 2023 | Firm News |

Parties to contracts will frequently insert a provision designating an exclusive venue for the trial of any disputes. But why?

  1. Litigating venue can be expensive and time consuming. Where the parties agree upon a venue in their contract, they may be able to avoid a fight about venue.
  2. Home field advantage. Litigants generally feel like they have an advantage with judges and juries who happen to also be their neighbors.
  3. Conversely, making your opponent travel to another state to litigate a case can impose a substantial burden on it.

Remember that choice of law and venue are two distinct concepts. Just because a contract specifies that the law of a particular state applies, does not mean that the case must be brought in that state. To ensure that a case is brought in a particular state, make sure the contract specifies that the parties consent to that state as the exclusive venue for all disputes.



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