Contractual forum-selection clauses are generally enforceable in
Texas. A trial court that refuses to enforce such an agreement
abuses its discretion absent clear evidence that (1) enforcement
would be unreasonable or unjust; (2) the clause is invalid for
reasons of fraud or overreaching; (3) enforcement would contravene
a strong public policy of the forum where the suit was brought; or
(4) the selected forum would be seriously inconvenient for trial.
Appeal is inadequate to remedy the erroneous denial of a motion to
dismiss. But a forum selection clause may be waived by
substantially invoking the judicial process to the other
party's detriment or
On June 24, 2016, the Texas Supreme Court reaffirmed that Texas
will enforce a forum selection clause, absent a showing that the
clause has been waived or is otherwise unenforceable.
In re Nationwide Mut. Ins., 2016 Tex. Lexis 579 (June 24,
2016).
