Bijou International v. Kohl's Corp., Sup Ct, New York County, December 24, 2008, Index No. 601765/08
In a December 24, 2008 decision, Justice Lowe granted defendant’s motion to dismiss based upon a forum selection clause in the parties’ agreement.
The Court determined that the a contractual clause designating Wisconsin law as applicable and providing that any suits must be brought in either Wisconsin was binding on the parties as both a forum selection clause and a choice of law clause.
The Court also found that a forum selection clause incorporated by reference into the parties agreement which was located on one party’s website as part of the general “Terms and Conditions” was binding, even if the website was not (and possibly could not) have been accessed prior to the execution of the contract because the party to be bound could have inquired as to these Terms and Conditions.
The Court also found that the company’s comptroller was given apparent authority by the company’s president to enter into the agreements, which vitiates any argument that he lacked authority to enter into the agreement which contained the forum selection clause.
http://www.nycommdivcompendium.com/admin/trackback/218841
