Some choice-of-law and forum selection clauses used in international contracts have been held to violate the Commerce Clause of the U.S. Constitution.

Question

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Choice-of-law and forum selection clauses in international contracts are generally upheld by U.S. courts as long as they are reasonable and do not violate public policy. The Commerce Clause primarily addresses the regulation of interstate and international commerce by the U.S. Congress, not the enforceability of private contract provisions.

Some Choice-Of-Law and Forum Selection Clauses Used in International Contracts