Should courts enforce forum selection clauses in business-to-consumer contracts like the Facebook user agreement? Why or why not?

The Facebook agreement is a good example of a contract that should have enforceable clauses regarding the forum. This is because such agreements clearly outline where disputes will be heard—which can help streamline legal processes and avoid protracted courtroom battles. Additionally, it may also be beneficial for consumers; by having the option to pursue legal action in a more favorable jurisdiction they may receive better outcomes than if they were limited to their home country’s regulations.

There are also certain disadvantages to consider when deciding if these clauses will be enforced. For instance, arbitration forums may end up being biased towards corporations as they are typically designed with larger entities in mind—leaving small-scale users at a disadvantage. It is therefore important that courts assess every dispute individually and render decisions accordingly, so all parties receive equal justice.