On October 21, 2021, the First Department issued a decision in Express Trade Capital, Inc. v. Horowitz, 2021 NY Slip Op. 05773, holding that a forum selection clause barred a forum non conveniens motion, explaining:
The forum selection clause in the settlement agreement between the parties is a sound basis for the exercise by the court of personal jurisdiction over defendants, and, since there is no evidence that the clause is the product of fraud or overreaching or is unfair or unreasonable, is enforceable. Having agreed by contract to submit to the jurisdiction of the court, defendants are precluded from attacking the court’s jurisdiction on forum non conveniens grounds. Moreover, defendants’ confessions of judgment admitted that they were doing business in New York.
(Internal citations omitted).