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A clause selecting a federal forum may be enforced using the statutory convenience transfer, while a clause selecting a state forum may be enforced under the forum non conveniens doctrine. The Court then described the appropriate standard for transfer.
The U.S. Supreme Court has long held that a forum selection clause should not be enforced when ?trial in the contractual forum will be so gravely difficult and inconvenient? that the plaintiff ?will for all practical purposes be deprived of his day in court.? In announcing this rule, the Court recognized that a legal ...
(?While a Texas court may enforce a valid forum-selection clause and thereby require the parties to litigate their dispute in the jurisdiction agreed to by the parties, the existence of a forum-selection clause does not generally deprive the forum of jurisdiction over parties.
If the forum selection clause was communicated to the resisting party, has mandatory force, and covers the claims and parties involved in the dispute, it is presumptively enforceable.
It is well established that forum selection clauses are prima facie valid and enforceable unless shown by the resisting party to be unreasonable. However, a forum selection clause may be waived. A forum selection clause defense is a defense founded on documentary evidence.