South Carolina
How Atlantic Marine Construction Co. v. U.S. District Court applies in South Carolina: state-specific rules, key cases, and bar exam notes for Other.
In South Carolina, the principles from Atlantic Marine emphasize contractual agreements regarding venue selection and the enforcement of forum selection clauses. Courts align with the federal standard but may incorporate state-specific jurisdiction considerations.
In South Carolina, forum selection clauses are considered enforceable as long as the selected forum is reasonable and the parties have mutually agreed to the terms.
Reinforced the enforceability of forum selection clauses when both parties consent and the clause is specific and clear.
Established that a court may enforce a forum selection clause unless doing so would contravene public policy.
Affirmed that under certain conditions, a party seeking to litigate outside the agreed-upon forum must meet a heightened burden of justification.
South Carolina courts generally follow the federal standard set forth in Atlantic Marine, which favors the enforcement of forum selection clauses. However, South Carolina adds a layer of scrutiny regarding public policy considerations that may not be explicitly addressed in federal cases.
Candidates should be familiar with the enforceability of forum selection clauses and how South Carolina courts may assess public policy implications, as these principles can appear in essay questions.