The U.S. Bankruptcy Court for the District of Delaware's recent opinion in Giuliano v. Genesis Financial Solutions ( In re Axiant ), Adv. No. 12-50526, 2012 Bankr. LEXIS 5338 (Bankr. D. Del. Nov. 15, 2012), appears to have cemented the law in Delaware that in a situation where the matter at hand is a non-core matter, and where there is a governing forum-selection clause, that forum selection clause will govern unless the party challenging the applicability of the forum selection clause is able to "prove that the 'enforcement of the clause would be unreasonable under the circumstances.'"
Where to Sue: Contract Provisions Count
Delaware Business Court Insider
February 6, 2013
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