In recent years, the U.S. Supreme Court has taken a keen interest in the enforceability of contractual arbitration provisions. But in one of the first cases argued during the current term, it took up an important issue surrounding another common contractual provision—the forum-selection clause.
In Atlantic Marine Construction Co. v. United States District Court (No. 12-929), the Court held that a defendant who is sued in a forum other than the one it agreed to in its contract with the plaintiff, must move to transfer the lawsuit to the agreed-upon forum under 28 U.S.C. §1404(a), rather than move to dismiss the complaint under 28 U.S.C. §1406(a) or Fed. R. Civ P. 12(b)(3).
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