Legal Opinion
British West Indies Guaranty Trust Co. v. Banque Internationale A Luxembourg
Appellate Division of the Supreme Court of the State of New York
Decided April 9, 1991PublishedCited by 45 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Carmen Beauchamp Ciparick, J.), entered on or about May 11, 1990, which, inter alia, granted defendants’ motion to dismiss the complaint without prejudice to its recommencement in the proper forum of the District Courts of and in Luxembourg, unanimously affirmed, with costs and disbursements.
It is well-accepted policy that forum-selection clauses are prima facie valid. In order to set aside such a clause, a party must show that enforcement would be unreasonable and unjust or that the clause is invalid because of fraud or overreaching, such that a trial…
2Cases cited4 opinions
- The Bremen v. Zapata Off-Shore Co.Supreme Court of the United States · 1972
- Imero Fiorentino Associates, Inc. v. GreenAppellate Division of the Supreme Court of the State of New York · 1982
- Ruocco v. Flamingo Beach Hotel & Casino, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
- Rokeby-Johnson v. Kentucky Agricultural Energy Corp.Appellate Division of the Supreme Court of the State of New York · 1985
3Cited by45 opinions
- Brooke Group Ltd. v. JCH Syndicate 488New York Court of Appeals · 1996
- Sterling National Bank v. Eastern Shipping Worldwide, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- KMK Safety Consulting, LLC v. Jeffrey M. Brown Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- Price v. Brown Group, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
- Insurance Co. of North America v. ABB Power Generation, Inc.District Court, N.D. New York · 1996
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