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

GEER, Judge.

Defendant BNP Paribas S.A. (“BNPP France”) moved to dismiss claims asserted against it by plaintiff Speedway Motorsports International Ltd. (“SMIL”) on the grounds that SMIL was bound by a forum selection clause requiring that all litigation take place in Geneva, Switzerland. BNPP France appeals from the trial court’s denial of that motion. BNPP France concedes that no agreement exists between it and SMIL containing a forum selection clause, but contends that it should be deemed a third party beneficiary of a contract containing the Geneva forum selection clause.

Because this…