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1. ATLANTIC MARINE v. J-CREW
William Allensworth
Allensworth & Porter, LLP

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ATLANTIC MARINE CONSTRUCTION CO., INC.
v.
UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF TEXAS ET AL.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR
THE FIFTH CIRCUIT
No. 12–929. Argued October 9, 2013—Decided December 3, 2013

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FORUM SELECTION CLAUSE

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DISPUTE RESOLUTION CLAUSE

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TEXAS STATUTE
Tex. Bus. & Com. Code § 272.001
(a) This section applies only to a contract that is principally for
the construction or repair of an improvement to real property
located in this state.
(b) If a contract contains a provision making the contract or any
conflict arising under the contract subject to another state's
law, litigation in the courts of another state, or arbitration in
another state, that provision is voidable by the party obligated by
the contract to perform the construction or repair.

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STEWART ORGANIZATION, INC. V. RICOH CORP.,
487 U.S. 22 (1988)

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STEWART ORGANIZATION, INC. V. RICOH CORP.,
487 U.S. 22 (1988)

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28 U.S.C. § 1404

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28 U.S.C. § 1406

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TAKE AWAY POINT
Atlantic Marine Const. Co., Inc. v. U.S.
Dist. Court for..., 134 S.Ct. 568 (2013)
“When a defendant files a § 1404(a) motion, a district
court should transfer the case unless extraordinary
circumstances unrelated to the convenience of the
parties clearly disfavor a transfer. No such exceptional
factors appear to be present in this case.”

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