Forum Selection Clause

"If the parties have agreed in writing that an action on a controversy may be brought in the state and the agreement provides the only basis for the exercise of jurisdiction, a court of the state will entertain the action if: The court has power under the law of the state to entertain the action; The state is a reasonably convenient place for the trial of the action; The agreement as to the place of the action was not obtained by misrepresentation, duress, the abuse of economic power, or other unconscionable means; and The defendant, if within the state, was served as required by law of the state in the case of persons within the state or, if without the state, was served either personally or by registered or certified mail directed to the defendant's last-known address. (NDCC, 28-04.1-02)

If the parties have agreed in writing that an action on a controversy may be brought only in another state and it is brought in a court of North Dakota, the court will dismiss or stay the action, as appropriate, unless: The court is required by statute to entertain the action; The plaintiff cannot secure effective relief in the other state, for reasons other than delay in bringing the action; The other state would be a substantially less convenient place for the trial of the action than North Dakota; The agreement as to the place of the action was obtained by misrepresentation, duress, the abuse of economic power, or other unconscionable means; or It would for some other reason be unfair or unreasonable to enforce the agreement. (NDCC, 28-04.1-03)"