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What is an inconvenient forum in plain English?

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sethmachine01

Junior Member
What is the name of your state (only U.S. law)? Massachusetts.

I have a contract which says that in case of violation, a particular court would be chosen to arbitrate such a legal issue.

The contract asks me to waive any objection to this particular court, e.g. if it were an inconvenient forum.

The court is located several thousand miles from where I operate in a different U.S. state.

While I would never violate the contract, it would be inconvenient to fly out there for many reasons.

From Wikipedia:

The court must balance convenience against the plaintiff’s choice of forum. In other words, if the plaintiff’s choice of forum was reasonable, the defendant must show a compelling reason to change jurisdiction
I think I would have many compelling reasons: cost of flight, cost of hotel, disruption of my whole routine, etc.

In that case, would it be a good idea not to waive my right to a FNC?

Where would we then go to court in that event?
 


Zigner

Senior Member, Non-Attorney
This is an item that you can negotiate with the other party, but please be aware that they may not be so willing to allow you to simply remove the provision.
 

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