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US trade court judge's BMW ruling could raise stakes for forum-selection clauses (update*)

By Steve Scherer ( August 5, 2026, 19:27 GMT | Comment) -- A US International Trade Commission judge may have handed companies facing Section 337 investigations a powerful new tool, ruling for what practitioners said was the first time that a forum-selection clause warranted terminating an ITC investigation.A US International Trade Commission judge has given multinational companies a potentially significant new litigation strategy after he terminated a Section 337 investigation of Bayerische Motoren Werke (BMW) and BMW of North America on the basis of a contractual forum-selection clause....

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