571 U.S. 49 (2013) (U.S. Supreme Court)
Atlantic Marine is the modern anchor case on enforcing forum-selection clauses in federal court. It synthesizes decades of doctrine, from The Bremen to Stewart Organization, into a clear, operational framework for how judges should act when parties have preselected a forum.
When a valid forum-selection clause points to a different forum, what is the proper procedural mechanism to enforce it in federal court, who bears the burden, and how does the § 1404(a)/forum non conveniens analysis change?
A valid, mandatory forum-selection clause should be given controlling weight in all but the most exceptional cases. If the clause points to another federal forum, the proper mechanism is a motion to transfer under 28 U.S.C. § 1404(a). If it points to a state or foreign forum, the proper mechanism is dismissal under the doctrine of forum non conveniens. When a valid forum-selection clause is at issue: (1) the plaintiff's choice of forum merits no weight; (2) the court must not consider the parties' private interests, which are deemed to favor the preselected forum; (3) only public-interest factors may be considered, and they will rarely defeat transfer or dismissal; (4) the party defying the clause bears the burden of showing that public-interest factors overwhelmingly disfavor the selected forum; and (5) upon transfer, the transferee court applies the choice-of-law rules and substantive law that would have applied had the action been filed there originally (a limited exception to Van Dusen). Rule 12(b)(3) and § 1406 are not proper vehicles to enforce a forum-selection clause when venue is otherwise proper under § 1391.
The Supreme Court held that a valid forum-selection clause must be enforced by transfer under § 1404(a) when it designates another federal forum, and by forum non conveniens dismissal when it designates a nonfederal forum. The plaintiff's choice of forum receives no weight, private-interest factors are not considered, only public-interest factors may be weighed (and rarely defeat enforcement), and the plaintiff bears the burden to show extraordinary circumstances. Because venue in Texas was proper under § 1391, Rule 12(b)(3)/§ 1406 did not apply. The Court directed that the case be transferred to the Eastern District of Virginia.
Atlantic Marine is the definitive federal-court blueprint for enforcing forum-selection clauses. It channels enforcement through § 1404(a) or forum non conveniens, reallocates the burden to the clause-defying plaintiff, strips out private-interest factors from the analysis, and limits judicial discretion to rare public-interest concerns. It also creates a targeted exception to Van Dusen's choice-of-law rule to deter gamesmanship. For law students, the case integrates contract autonomy with civil procedure mechanics. It is frequently tested for: (1) the correct procedural vehicle (transfer vs. dismissal), (2) the altered § 1404(a) framework, (3) the burden shift and devaluation of plaintiff's forum choice, (4) the inapplicability of Rule 12(b)(3)/§ 1406 when venue is otherwise proper, and (5) the choice-of-law consequence upon transfer.