Questão jurídica principal
Whether the Fribourg moderation court had territorial jurisdiction based on the correspondence as a forum agreement.
Decisão extraída
The alleged correspondence did not contain a valid written forum agreement under the federal forum statute.
Fundamentação extraída
The Court held that the writings relied on were insufficient to establish a forum-selection clause; in any event, the appellant's arbitrariness complaint did not show an unsustainable assessment of the evidence.