McWane v. Lanier, III: Forum Selection Clause Displaces McWane Doctrine

Often times parties will include a forum selection clause in a contract or operating agreement to govern the forum in which disputes between such parties must be brought.  When a party to the contract files an action in a forum that was not stipulated to in the forum selection clause, would a second action filed by the opposing party in the proper forum be dismissible under the McWane doctrine?

The Court of Chancery recently addressed this issue in the case ironically styled as McWane, Inc., et al. v. Lanier, III, C.A. No. 9488-VCP (Del. Ch. Jan. 30, 2015).  In this opinion, the Court examined the applicability of the McWane doctrine when the "first-filed" action did not adhere to the forum selection clause, i.e. it was filed in an improper forum.