The Convention does not prescribe a standard, so we almost necessarily must refer to the internal law of the forum state.

There was, in other words, an unarticulated 'due process' requirement in the Convention, against which the law of a forum state could be measured.

What are the interests of the forum state in the litigation?

This applies when the defendant has contacts with the forum state, but the claim that arises is not related to those contacts.

The doctrine of International shoe applies only in cases where there is no presence in the forum state.

This exception provides that states will not apply any 'foreign' law that offends the deeply held principles of the forum state's legal system.

In Calder the Court developed the effects test and found personal jurisdiction over a defendant who had no prior contacts with the forum state.

The court held that a federal court sitting in diversity should apply the laws of the forum state.

If the clause is recognised as a good faith term, the 'forum state' must apply the nominated proper law to resolve the dispute.

Holding: remote usage of server physically located in a forum state is insufficient to establish minimum contacts.