the undersigned also finds that it is clear that the arbitration clause is also broad enough to cover Smith’s claims. His relationship with Klann and Swift arises from the Contractor Agreement. The accident happened while he was mentoring Klann, pursuant to the Mentorship Addendum. Thus, Smith’s claims must be subject to arbitration. As the undersigned has found that the Contractor Agreement mandates that any and all disputes relating to the contract are subject to “conclusive and binding” arbitration, in accordance with the reason ing in Atlantic Marine, the undersigned must dismiss this case under 28 U.S.C. § 1406 because this court lacks the power to transfer a case to an arbitral forum. Texas Community Bank, NA. v. Dunn, no. 09-3514, 2010 WL 3220652 (S.D.Tex., Aug. 13, 2010) (<HOLDING>). If the plaintiff wishes to pursue his claims,
holding that a forum selection clause was not enforceable against defendants that were not parties to the contract holding that when a forum selection clause designates  an arbitral forum  the proper remedy is dismissal recognizing that where plaintiff is from the forum state and defendant is from an alternate forum each forum can claim a connection to one of the parties holding that a permissive forum selection clause containing a waiver of any claims of forum non conveniens amounts to a mandatory forum selection clause at least where the plaintiff chose the designated forum holding that remand order based on forum selection clause is reviewable on appeal