North Dakota
How Atlantic Marine Construction Co., Inc. v. U.S. District Court for the Western District of Texas applies in North Dakota: state-specific rules, key cases, and bar exam notes for Civil Procedure.
North Dakota follows a similar principle to that established in Atlantic Marine, upholding valid forum selection clauses provided they are not unreasonable or unjust. The North Dakota courts recognize parties' freedom to contract regarding the choice of forum, especially when the parties are of equal bargaining power.
In North Dakota, forum selection clauses are enforceable if they are reasonable and result from an agreement where both parties have equal bargaining power under N.D. Cent. Code § 9-07-03.
Enforced a forum selection clause as it did not violate North Dakota public policy.
Held that a forum selection clause was valid and enforceable since no evidence of coercion or undue influence was presented.
Reiterated principles of contract law relating to agreed-upon forums and enforced the clause despite a party's objection.
North Dakota's enforcement of forum selection clauses aligns closely with federal standards set forth in Atlantic Marine, focusing on the reasonableness of the clause and whether it serves to frustrate the aims of justice. However, North Dakota places specific emphasis on the equality of bargaining power between the parties involved.
Knowledge of forum selection clauses and their enforceability is important for the North Dakota bar exam, particularly in the context of contract law and civil procedure.