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HONEYWELL INTERNATIONAL INC. v. ARC ENERGY SERVICES, INC.

653341/15, 4460, 4459.

152 A.D.3d 444 (2017)

2017 NY Slip Op 05686

55 N.Y.S.3d 658

HONEYWELL INTERNATIONAL INC., Appellant, v. ARC ENERGY SERVICES, INC., Respondent, et al., Defendant.

Appellate Division of the Supreme Court of New York, First Department.

Decided July 13, 2017.

Plaintiff and defendant ARC entered into a services agreement which included an explicit choice of law and forum provision selecting New York law and New York courts. Supreme Court erred in considering ARC's forum non conveniens argument.

"[W]here a party to a contract has agreed to submit to the jurisdiction of a court, that party is precluded from attacking the court's jurisdiction on forum non conveniens grounds" (Sterling Natl. Bank v Eastern Shipping Worldwide...

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