Delaware Business Litigation Report

Court Of Chancery Upholds Forum Selection In England

Ashall Homes Limited v. ROK Entertainment Group Inc., C.A. 4643-VCS (April 23, 2010)

This decision is interesting because it upholds a forum selection clause requiring litigation in England.  How these parties could have not chosen Delaware seems unbeliveable.

The opinion also applied the forum selection not just to disputes that were based on the parties' contract, but also to tort claims that arose out of the same facts.  In short, you cannot plead around the forum you chose.

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