United States Second Circuit

Dismissal of plaintiff- employee's discrimination action against defendant-former employer for improper venue is affirmed, where: 1) a clause contained in plaintiff's contract directed that all disputes arising under the agreement be resolved in England under English law; 2) where a contract contains both a valid choice-of-law clause and a forum selection clause, the substantive law identified in the choice-of-law clause governs the interpretation of the forum selection clause, while federal law governs the enforceability of the forum selection clause; 3) under English law, plaintiff's discrimination claims "arise under" the employment agreement, within the meaning of the forum selection clause; and 4) the forum selection clause is enforceable under federal law.

Appellate Information

• Decided 01/14/2014
• Published 01/14/2014

Judges

• DRONEY

Court

• United States Second Circuit

Counsel