Document Type
Article
Publication Date
2024
Publication
New York University Journal of International Law and Politics
Volume
56
Abbreviation
N.Y.U. J. Int’l L. & Pol.
First Page
183
Abstract
This essay examines floating forum selection clauses—provisions linking the litigation forum to a post-contractual fact such as a party’s future principal place of business, an assignee’s location, or a unilateral designation. Categorizing floating clauses into three types, the authors analyze divergent judicial approaches to enforceability and the underlying tension between waiver and submission as theories of consent. They argue that floating clauses expose conceptual inconsistencies in personal jurisdiction doctrine, especially regarding foreseeability and due process, and highlight how courts struggle to reconcile contract principles with constitutional limits.