Harry S. Peterson Co. v. Nat. Union Fire Ins. Co

In Harry S. Peterson Co. v. Nat. Union Fire Ins. Co., 209 Ga. App. 585 (434 S.E.2d 778) (1993) Georgia adopted the United States Supreme Court's analysis regarding the enforcement of forum selection clauses. Id. at 589-591 (3) (b). Since then, this Court has upheld the enforcement of forum selection clauses in an employment contract, Brinson v. Martin, 220 Ga. App. 638, 640 (1) (b) (469 S.E.2d 537) (1996), a payment bond for a construction contract, and development and sales agreements. Antec Corp. v. Popcorn Channel, L.P., 225 Ga. App. 1, 2 (1) (482 S.E.2d 509) (1997). To date, however, neither this Court nor the Supreme Court of Georgia has applied the Bremen test to address the viability of a forum selection clause in an employment contract that contains a noncompetition covenant.