Texas Business Court Countdown: Time to Update Your Forum Selection Clause?

With the appointment of the first business court judges this month, the excitement surrounding the Texas business court is palpable. 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. With clients growing ever more interested in the business court, practitioners are increasingly confronting the jurisdictional complexities and procedural hurdles they must clear to litigate in the new court. No one yet knows for sure how busy the new courts will be or how quickly they will resolve disputes. Only time and data will create the certainty that the new business court promises to bring.Fortunately, lawyers thrive in uncertainty. Some want to take advantage of the new system, making the Texas business court the exclusive option for all qualifying disputes. Others prefer to stick with the tried-and-true courts that have served them their entire careers. But 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…