Many litigants feel that Sept. 1 can’t come fast enough, and with it the promise to usher in a new era for high-stakes Texas commercial litigation. But others are quick to caution that, for all the anticipation, plenty of open questions remain. One way or another, every lawyer advising on a new contract that potentially qualifies for dispute resolution in the business court may confront the same question: Should we push for a forum selection clause that preemptively agrees to have new disputes heard in the new court?
Countdown to Business Courts: Six Must-Know Rules
The Texas Supreme Court has proposed the first set of procedural rules that will apply in the business court, bringing clearer focus to the business court vision. Commercial trial lawyers should now be better positioned to advise their clients on the particulars of this new forum.