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The Fight Over Where to Fight: Removal, Transfer of Venue, and Compelling Arbitration



by Michael Boxerman
Carlton Fields P.A. - Tampa Office

James Susag
Carlton Fields P.A. - Tampa Office

December 9, 2011

This paper first discusses the legal and strategic implications of forum selection and choice of law clauses, including the enforceability issues inherent to each. Next, the authors examine the potential ramifications of litigating in state versus federal court and consider jurisdictional concerns and petitions for removal. Finally, the authors address arbitration of disputes, including an examination of arbitration's characteristics versus litigation, challenges to the enforceability of arbitration provisions, and the potential for a single dispute to spawn proceedings both in court and in arbitration.


 

The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.
 

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