7.01 In this chapter, we consider the rules for determining the validity of choice-of-court agreements. As was explained in Chapter 1, a choice-of-court agreement has a hybrid nature. On the one hand, it is a private-law contract: to this extent it falls under the law of contract; on the other hand, it has procedural (jurisdictional) consequences: to this extent, it falls under the law of procedure. In order to be valid, it must comply with the normal requirements for a private-law contract. If it is not valid as a contract, it can have no jurisdictional effects....
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