Speedway Motorsports International Ltd. v. Bronwen Energy Trading, Ltd.

GEER, Judge.

Defendant BNP Paribas (Suisse) SA (“BNPP Suisse”), a Swiss bank, appeals from an order denying its motion to dismiss the claims of Speedway Motorsports International Ltd. (“SMIL”) against BNPP Suisse for lack of personal jurisdiction pursuant to Rule 12(b)(2) of the Rules of Civil Procedure. In arguing that jurisdiction does exist, SMIL first contends that BNPP Suisse is bound by the North Carolina forum selection clause in SMIL’s contracts with third parties because those contracts were incorporated by reference into SMIL’s agreement with BNPP Suisse. We hold that the…