Deadco Petroleum v. Trafigura Ag

MEMORANDUM

Deadco Petroleum appeals from the district court’s judgment dismissing its action for improper venue. The district court concluded that all of Deadco’s claims were subject to a forum selection clause, which was located in the parties’ Product Service Agreement (PSA), and which designated New York state courts as the exclusive forum for litigation. We have jurisdiction over this appeal pursuant to 28 U.S.C. § 1291 . Sportswear, Inc. v. Vuarnet Int'l, B.V., 114 F.3d 848 , 850 (9th Cir.1997). We typically review the district court’s decision to enforce a forum selection clause for abuse of discretion. Kukje Hwajae Ins. Co. v. M/V Hyundai Liberty, 408 F.3d 1250 , 1254 (9th Cir.2005). Also, “because enforcement of a forum [selection] clause necessarily entails interpretation of the clause before it can be enforced,” we review the district court’s .interpretation of the forum selection clause de novo. See Manetti-Farrow, Inc. v. Gucci Am. Inc., 858 F.2d 509 , 513 (9th Cir.1988). We affirm.

Deadco’s central argument on appeal is that the PSA’s forum selection clause is inapplicable because Deadco’s claims are not rooted in the PSA, but rather in an alleged “overarching…