SPEEDWAY MOTORSPORTS v. BRONWEN ENERGY

No. COA09-558.

706 S.E.2d 262 (2011)

SPEEDWAY MOTORSPORTS INTERNATIONAL LTD., Plaintiff, v. BRONWEN ENERGY TRADING, LTD., Bronwen Energy Trading UK, Ltd., Dr. Patrick Denyefa Ndiomu, BNP Paribas (Suisse) SA, BNP PARIBAS S.A., Swift Aviation Group, Inc., Swift Air, LLC, Swift Aviation Group, LLC, and Swift Transportation Co., Inc., Defendants.

Court of Appeals of North Carolina.

February 15, 2011.


Attorney(s) appearing for the Case

Parker Poe Adams & Bernstein LLP, Charlotte, by Michael G. Adams and William L. Esser IV , Charlotte, for plaintiff-appellee.

Bell, Davis & Pitt, P.A., by William K. Davis , Edward B. Davis , and Michael D. Phillips , Winston-Salem, for defendant-appellant BNP Paribas S.A.


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...

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