quotation marks omitted); see also 9 U.S.C. § 4 (instructing that the hearing and proceedings on a motion to compel arbitration “shall be within the district in which the petition for an order directing such arbitration is filed”). “When a complaint requesting arbitration is filed in the wrong forum, the appropriate response is for the opposing party to file a motion to dismiss, which should then be granted by the court.” Haber, 578 F.3d at 558; see also Noble Drilling Servs., Inc. v. Certex USA, Inc., 620 F.3d 469, 472 n. 3 (5th Cir.2010) (observing that the Fifth Circuit has not resolved whether Rule 12(b)(1) or Rule 12(b)(3) is the proper rule for motions to dismiss based on an arbitration clause); Lim v. Offshore Specialty Fabricators, Inc., 404 F.3d 898, 902 (5th Cir.2005) (<HOLDING>). Here, the district court dismissed Vocada’s
recognizing circuit agreement that a motion to dismiss based on an arbitration clause is proper under rule 12b3 holding that a motion to dismiss based on a forumselection clause should be treated as a rule 12b3 motion to dismiss for improper venue holding that since the fifth circuit has accepted rule 12b3 as a proper method for seeking dismissal for improper venue based on a forum selection clause the court need not decide whether a rule 12b1 motion  is appropriate holding that motions to dismiss based on forumselection clause should be analyzed under rule 12b3 holding that a forumselection clause may be enforced under rule 12b3 as a motion to dismiss on the basis of improper venue