New Hampshire
How Atlantic Marine Construction Co., Inc. v. U.S. District Court for the Western District of Texas applies in New Hampshire: state-specific rules, key cases, and bar exam notes for Civil Procedure.
New Hampshire recognizes the validity of forum selection clauses but remains cautious in their enforcement, particularly where they may contravene state public policy. The state adheres to principles that allow jurists to assess whether a selected forum is fundamentally fair and reasonable.
In New Hampshire, forum selection clauses are enforced unless doing so would be unjust or unreasonable, considering factors such as the parties' circumstances and the interest of justice.
The court upheld a forum selection clause, ruling that it was enforceable because it was mutually agreed upon and not contrary to New Hampshire public policy.
The court refused to enforce a forum selection clause that would have forced a party to litigate their claim in a jurisdiction that was significantly inconvenient.
The court emphasized that enforcement of a forum selection clause requires a careful examination of the fairness and conditions of any proposed forum.
New Hampshire’s approach aligns with the federal standard as articulated in Atlantic Marine, recognizing the enforceability of forum selection clauses while maintaining an inquiry into factors of fairness and justice. However, state courts may apply a more rigorous analysis in assessing public policy implications.
Understanding the enforceability of forum selection clauses is critical for the New Hampshire bar exam, particularly regarding the balancing of state public policy against contractual agreements.