Arkansas
How Carnival Cruise Lines, Inc. v. Shute applies in Arkansas: state-specific rules, key cases, and bar exam notes for Other.
Arkansas courts generally accept forum selection clauses as enforceable unless there are significant reasons to deem them unreasonable or unjust. The state upholds the principle of freedom to contract, as long as there is mutual consent and the clause does not contravene public policy.
In Arkansas, a forum selection clause will be upheld unless it can be shown that the clause is unfair, oppressive, or unreasonable given the circumstances of the case.
The Arkansas Supreme Court enforced a forum selection clause found in a consumer contract, emphasizing the necessity of clear consent from both parties.
The court disallowed a forum selection clause in a case involving a consumer where the clause imposed undue burden and lacked mutual consent.
Arkansas courts reaffirmed a party's right to establish a forum selection clause, provided it did not contravene fairness or public policy.
Arkansas law mirrors the federal standard established in Carnival Cruise Lines, Inc. v. Shute in allowing forum selection clauses. However, Arkansas courts place greater emphasis on the fairness of the clause, often looking for mutual consent and possible implications for consumers, which may differ slightly from other jurisdictions.
Forum selection clauses are a recurring topic on the Arkansas bar exam, particularly focusing on their enforceability and limitations under state law.