Eversheds Sutherland 11th Circuit Business Blog
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Eleventh Circuit Upholds “Floating” Forum Selection Clause

In AFC Franchising, LLC v. Purugganan, 2022 U.S. App. LEXIS 22323 (11th Cir. Aug. 11, 2022), the Eleventh Circuit held that an individual consented to personal jurisdiction and venue by agreeing to a “floating” forum selection clause. Danilo Purugganan entered into a “Master Developer Agreement” with Doctors Express Franchising in 2009. The parties agreed that the contract would be...

Court Rules Question of Arbitral Venue Presumptively for Arbitrator to Decide

In an international arbitration dispute between an Israeli company (“Profimex”) and an American business (“OAD”) incorporated in the state of Georgia, the Eleventh Circuit ruled this week “that questions of arbitral venue, even those arising in international arbitration, are presumptively for the arbitrator to decide.” Bamberger Rosenheim, Ltd., (Israel) (“Profimex”) v. OA Development,...