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Governing law and venue are not boilerplate

They decide whose law applies and where you have to go to argue about it.

Governing law selects the body of law interpreting the agreement. Venue selects where a dispute is heard. They are often different, and both are negotiable.

Accepting the other side's home venue means traveling to litigate, retaining local counsel, and appearing before a court with no particular familiarity with you. For a small claim that cost alone can exceed what is at stake.

Arbitration clauses deserve the same scrutiny. The seat, the rules and the number of arbitrators all affect cost and timeline, and all are set long before any dispute.

This note is general information, not legal advice, and it does not create an attorney-client relationship. Whether any of it applies to your situation depends on facts this article does not know.

See our contracts practice

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