Forum Selection Clause Georgia
In Georgia, a forum selection clause is "prima facie valid and should be enforced unless the opposing party shows that enforcement would be unreasonable under the circumstances." the Houseboat Store v. Chris-Craft Corp., 302 Ga. App. 795, 797 (1) (b) (692 SE2d 61) (2010) (noting that Georgia has adopted the analysis regarding enforcement of forum selection clauses set forth by the United States Supreme Court in the Bremen v. Zapata Off-Shore Co., 407 U.S. 1 (92 SCt 1907, 32 LE2d 513) (1972)).
To invalidate such a clause, the opposing party must show that trial in the chosen forum will be so inconvenient that he will, for all practical purposes, be deprived of his day in court.
A freely negotiated agreement should be upheld absent a compelling reason such as fraud, undue influence, or overweening bargaining power. the Houseboat Store, supra.