CO Supreme Court Concludes that a Forum Selection Clause Does Not Divest Colorado Courts of Jurisdiction

December 19, 2014   |   Contract Law, Litigation

A forum selection clause contains a contractual agreement between private parties that provides where the parties will bring any litigation related to the contract. In In re Nickerson v. Network Solutions, LLC, the state Supreme Court was asked to determine whether a forum selection clause stating that Virginia courts have “exclusive jurisdiction” over any dispute under the contract deprives a Colorado court of jurisdiction over a dispute.… [Read More]

CO Court of Appeals Rules that Participation in Arbitration Waives a Party’s Right to Object to Validity of Contract in Court

November 17, 2014   |   Contract Law, Litigation

In Harper Hofer & Associates, LLC v. Northwest Direct Marketing, Inc., et al., the Colorado Court of Appeals answered a question that no Colorado appellate court has ever addressed: under Colorado law, does participation in arbitration waive a party’s objection to the existence of a contract that contains an arbitration clause?… [Read More]