Baylor Law Review
This article will first dispel the historical account and demonstrate an enforcement history that was reasoned and fairly consistent in England, but erratic in the United States, yielding to an ever-increasing contract-autonomy view after Bremen. The history concludes with concerns about what is now the Bremen/Atlantic Marine presumption (referred to under either case name depending on the context and time frame), including its encouragement of summary analysis and enforcement. To illustrate this extreme, the last section focuses on a Fifth Circuit decision that, with its cursory analysis and extreme favoring of enforcement, leaves significant questions unanswered—a result the law should not support but that Bremen and its progeny may promote.
James P. George,
Forum Clauses at the Margin,
Baylor L. Rev.
Available at: https://scholarship.law.tamu.edu/facscholar/1322