Is the interpretation and application of the forum selection clause reviewed for abuse of discretion?

MultiRegion, United States of America

The following excerpt is from MBC Fin. Servs. Ltd. v. Bos. Merch. Fin., Ltd., No. 16-3704-cv (2nd Cir. 2017):

This circuit has yet to resolve whether the interpretation and application of a forum selection clause is reviewed for abuse of discretion, as is typical of forum non conveniens dismissals, or de novo, as is typical of forum selection clause dismissals. See Martinez v. Bloomberg LP, 740 F.3d 211, 217 (2d Cir. 2014). We need not resolve that question here because under either standard, we identify no error. In conducting our review, we assume the parties' familiarity with the facts and procedural history of this case, which we reference only as necessary to explain our decision to affirm.

1. Enforcement of the Forum Selection Clause

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