Mabon Ltd. v. Afri-Carib Enterprises, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a forum selection provision was permissive where it provided that “the laws of the Federal Government of Nigeria will apply and the Federal District of Nigeria shall have venue”
• observing that if parties do not intend to be bound until other terms are negotiated or until execution of formal document, then “there is no binding contract, but only an agreement to agree”
• observing that if parties do not intend to be bound until other terms are negotiated or until execution of formal document, then “there is no binding contract, but only an agreement to agree”
• forum-selection clause was permissive even though it stated Nigeria \shall have venue\; term \shall\ did not provide for exclusive jurisdiction but instead meant only that Nigeria was an acceptable 11 forum
• “An enforceable forum selection clause must contain explicit language regarding exclusivity.”
• “laws of the Federal Government of Nigeria will apply and the Federal District of Nigeria shall have venue” simply meant that the Nigerian courts were an acceptable venue for the assertion of claims but did not provide for exclusive jurisdiction

Source: CourtListener parenthetical corpus (CC0).