Forum and Venue Selection Clauses

Forum and Venue Selection Clauses in Seamen's Employment Contracts: Can Contractual Stipulations Be Used to Defeat a Seaman's Choice of Forum or Venue in a Jones Act Claim?

A split in authority has developed over the enforceability of forum and venue selection clauses in Jones Act claims. While some courts hold such restrictions of a seaman's choice of forum or venue invalid and unenforceable, others find forum and venue selection clauses presumptively valid. Confusing the issue further, several courts have held that while a seaman's choice of forum is protected, and cannot be limited by a forum selection clause, the seaman's choice of venue merits no such protection. This Comment suggests that the last of these approaches—under which a seaman's choice of forum is protected, but choice of venue can be limited by contract—best embodies the congressional intent behind the Jones Act.