TRAVEL ABROAD, SUE AT HOME: 2011 FORUM NON CONVENIENS AND THE ENFORCEMENT OF FORUM SELECTION CLAUSES AND MANDATORY ARBITRATION CLAUSES

Thomas A. Dickerson Hon., Associate Justice, Appellate Division Second Department New York State Supreme Court

Abstract

MILLIONS OF U.S. CITIZENS TRAVEL ABROAD EACH YEAR AND MANY SUSTAIN SERIOUS INJURIES. COMMENCING LITIGATION IN STATE OR FEDERAL COURT IN THE U.S. IS THE BEST APPROACH. HOWEVER, ISSUES OF LIABILITY, JURISDICTION AND THE APPROPRIATE FORUM MUST BE CONSIDERED AND MAY BE DISPOSITIVE.