[forum selection clauses] should not be given dispositive weight.... The party opposing the transfer can overcome the presumption in favor of enforcing the forum selection clause by showing that the clause is unreasonable [under federal law].”). IDC responds that its motion concerns applying the forum selection clause to arbitration, not litigation, and the cases cited by Aspen are therefore distinguishable. See Def.’s Reply Mem. in Supp. of Mot. to Dismiss 1-2 (“[T]he Bremen analysis (or any other federal analysis) is improper in situations regarding the forum of arbitration.”). IDC notes that both Allen and Rice, as well as the Supreme Court jurisprudence on which they are based, apply to forum selection clauses in the context 24 n. 1, 31, 108 S.Ct. 2239, 101 L.Ed.2d 22 (1988) (<HOLDING>); M/S Bremen v. Zapata Off-Shore Co., 407 U.S.
holding that forum selection clause providing that any appropriate state or federal district court located in the borough of manhattan new york city new york shall have exclusive jurisdiction was not dispositive but merely one factor to consider in transfer analysis quoting underlying contract holding that outofstate defendants transmittal into new york of ceaseanddesist letter to new york plaintiff for purported trademark infringement was insufficient to create jurisdiction over defendant in a new york declaratory judgment action holding jurisdiction over nonresident defendant existed where note was payable in new york contained new york choice of law clause and proceeds were used to finance new york limited partnership holding that contract signed in new york by promisor from florida and partially performed in florida was governed by new york law because it was executed in new york recognizing forum selection clause providing that no such claim shall be commenced prosecuted or continued in any forum other than the courts of the state of new york located in the city and county of new york or in the united states district court for the southern district of new york as clear and unambiguous expression of parties selection of exclusive forum in affirming district courts dismissal of action commenced in united states district court for the district of new jersey