A contractual provision specifying a particular venue for any action brought under an agreement is mandatory and designates an exclusive forum.
After a licensee filed a diversity action in California regarding a distribution agreement, the defendant moved to dismiss based on a contractual forum selection clause. The clause stated that the agreement would be interpreted under Virginia law, the licensee consented to the jurisdiction of Virginia courts, and venue for any action would be in Gloucester County, Virginia. The court must determine if the clause is mandatory or permissive. Because the clause includes specific language designating a particular venue for any action brought under the agreement, the clause is mandatory and requires enforcement. The court holds that such venue provisions designate an exclusive forum.
At page 764 Enforceability of mandatory venue clauses in agreements55 citing casesWhen only jurisdiction is specified the clause will 5 generally not be enforced without some further language indicating the parties’ intent to 6 make jurisdiction exclusive.
- Centuria S.R.L. v. Kano Labs LLC, No. 1:24-cv-00428 (D. Idaho Aug. 25, 2025). (The prevailing rule is clear from these and other cases that where venue is specified with mandatory language the clause will be enforced.)
- C21FC LLC v. NYC Vision Capital Inc., No. 2:22-cv-00736 (D. Ariz. July 8, 2022).(When only jurisdiction is specified the clause will 5 generally not be enforced without some further language indicating the parties’ intent to 6 make jurisdiction exclusive.)
- C21FC LLC v. NYC Vision Capital Inc., No. 1:22-cv-05821 (S.D.N.Y. July 8, 2022).(When only jurisdiction is specified the clause will 5 generally not be enforced without some further language indicating the parties’ intent to 6 make jurisdiction exclusive.)
- In re Giant Eagle, Inc., No. 05-15-01292-CV (Tex. App.—Dallas Oct. 23, 2015).published (The prevailing rule is clear Language from these and other cases that where venue is specified with *4 Having determined that the 2003 Agreement controls, mandatory language[,] the clause will be enforced)
- Lambert v. Kysar, No. 91-2244 (1st Cir. Mar. 12, 1993).published(The prevailing rule is clear... that where venue is specified with mandatory language the clause will be en- forced)
- George Lambert v. Sam Kysar, 983 F.2d 1110 (1st Cir. 1993).published(The prevailing rule is clear ... that where venue is specified with mandatory language the clause will be enforced)
- NitroCream LLC v. Chill-N Nitrogen Ice Cream Franchising LLC, No. 2:24-cv-00199 (E.D. Wash. June 6, 2025). Wash. Mar. 8, 2022) (“[T]he 7 action shall be brought in the Superior Court of the State of Washington . . . .”) 8 (emphasis added). 9 2 City of Albany v. CH2M Hill, Inc., 924 F.3d 1306, 1307-08 (9th Cir. 2019) 10 (“Venue for litigation sh…
- NitroCream LLC v. Chill-N Nitrogen Ice Cream Franchising LLC, No. 1:25-cv-22836 (S.D. Fla. June 6, 2025). Wash. Mar. 8, 2022) (“[T]he 7 action shall be brought in the Superior Court of the State of Washington . . . .”) 8 (emphasis added). 9 2 City of Albany v. CH2M Hill, Inc., 924 F.3d 1306, 1307-08 (9th Cir. 2019) 10 (“Venue for litigation sh…
- Karlsson v. Ronn Motor Grp. Inc., No. 2:19-cv-04510 (D. Ariz. May 22, 2020). ([W]here venue is specified with mandatory language the clause will be 23 enforced.)
- Employers Mut. Cas. Co. v. Michael Weinig, Inc., 2003-4115 (2004), No. P.C. 2003-4115 (Sup. Ct. R.I. May 14, 2004).unpublished(The prevailing rule is clear . . . that where venue is specified with mandatory language the clause will be enforced)
Show 45 more citing cases
- K & v Sci. Co. v. Bayerische Motoren Werke Aktiengesellschaft (\BMW\")", 164 F. Supp. 2d 1260 (D.N.M. 2001).published See, e.g., Docksider, 875 F.2d 762 (“venue of any action brought hereunder shall be deemed to be in Gloucester County, VA” is “mandatory language makfing] clear that venue, the place of suit, lies exclusively in the designated county”) (em…
- Newco Distributors, Inc. v. Earth Animal Ventures, No. 8:24-cv-01850 (C.D. Cal. Nov. 18, 2024).(concluding that the language “[v]enue of any action brought hereunder shall be deemed to be in Gloucester County, Virginia” was mandatory because it “makes clear that venue, the place of suit, lies exclusively in the de…)
- Mabute v. Medliant Inc., No. 2:23-cv-02148, 2024 WL 1376839 (D. Nev. Apr. 1, 2024).The Ninth Circuit held that “[t]his language requires enforcement of the clause because Docksider . . . agreed by mandatory language that the venue for all actions arising out of the license agreement would be Gloucester County, Virginia.”…
- Cole v. Quest Diagnostics, Inc., No. 2:23-cv-20647 (D.N.J. Sept. 22, 2023).Cal. 2003) (citing Docksider, Ltd. v. Sea Technology, Ltd., 875 F.2d 762, 764 (9th Cir. 1989)).
- Cole v. Quest Diagnostics, Inc., No. 1:22-cv-00892 (E.D. Cal. Sept. 22, 2023).Cal. 2003) (citing Docksider, Ltd. v. Sea Technology, Ltd., 875 F.2d 762, 764 (9th Cir. 1989)).
- Hansen v. Smoke Guard California, Inc., No. 3:23-cv-02038 (N.D. Cal. June 28, 2023). Id. at 764. 15 Applying these principles to the forum selection clause in this case, the agreement does not 16 include mandatory language.
- Dickerson v. Arcadian Infracom Inc, No. 2:22-cv-01088 (W.D. Wash. Oct. 12, 2022).Id., at 60; see 24 1 also, Murphy v. Schneider National, Inc., 362 F.3d 1133, 1144, n. 5 (9th Cir. 2004). 2 Where venue is specified with mandatory language, the clause will be enforced. 3 Docksider, Ltd., v. Sea Technology, Ltd., 875 F.2d…
- Ahtna Design-Build, Inc. v. Asphalt Surfacing, Inc., No. 3:21-cv-00228 (D. Alaska Sept. 6, 2022).Or. Sept. 28, 2018) (citing Docksider, Ltd. v. Sea Tech., Ltd., 875 F.2d 762 , 764 (9th Cir. 1989)). 96 See Docksider, 875 F.2d at 764. 97 See Docket 17-4 at 6 (emphasis added); Docket 20-3 at 6 (emphasis added). 98 See Rice Corp. v. Grain…
- IAC/InterActiveCorp v. Adam Roston, 44 F.4th 635 (7th Cir. 2022).published The Ninth Circuit explained this while applying federal law to a contract stating both that each party “consents to the jurisdiction of the courts of the State of Virginia[]” and that “[v]enue of any action brought hereunder shall be deeme…
- Valley Child.'s Hosp. v. Athenahealth, Inc., No. 1:21-cv-01439 (E.D. Cal. May 3, 2022).Cal. 2003) (citing Docksider, Ltd. v. Sea 23 Technology, Ltd., 875 F.2d 762, 764 (9th Cir. 1989).
- Valley Child.'s Hosp. v. Athenahealth, Inc., No. 1:22-cv-10689 (D. Mass. May 3, 2022).Cal. 2003) (citing Docksider, Ltd. v. Sea 23 Technology, Ltd., 875 F.2d 762, 764 (9th Cir. 1989).
- Wixen Music UK Ltd. v. Transparence Ent. Grp., Inc., No. 2:21-cv-02663 (C.D. Cal. Dec. 22, 2021).When only jurisdiction is specified the clause 21 will generally not be enforced without some further language indicating the parties' 22 intent to make jurisdiction exclusive.” Id. (quoting Docksider, Ltd. v. Sea Technology, 23 Ltd., 875…
- Saccani Distrib. Co. v. Clean Cause, Inc., No. 2:20-cv-01498 (E.D. Cal. Aug. 31, 2021). Inc., 507 F. Supp. 8 3d 1148, 1157 (2020) (finding mandatory a forum-selection clause which required that any suit 9 arising out of a loan and security agreement be instituted in the U.S. District Court for the district 10 of the state in…
- Thabet Mgmt., Inc. v. Nautilus Ins. Co., No. 6:20-cv-02111, 2021 WL 2555127 (D. Or. June 22, 2021). In Docksider, Ltd. v. Sea Tech., Ltd., 875 F.2d 762 (9th Cir. 1989), by contrast, the Ninth Circuit found that a forum selection clause was mandatory where the parties not only consented to the jurisdiction of the state courts of Virginia,…
- Vaporpath Inc v. WNA Inc, No. 3:19-cv-05807, 2019 WL 6498165 (W.D. Wash. Dec. 3, 2019).Wash. June 6, 2006) (citing 2 Docksider, 875 F.2d at 764). 3 A forum selection clause is mandatory even if it requires only that the parties litigate 4 within a particular geographic area—not a specific court system.
- High Tech Nat'l, LLC v. Wiener, No. 1:19-cv-02489, 2019 WL 6329654 (S.D. Ind. Nov. 26, 2019).Docksider, 875 F.2d at 764 (emphasis added). 12 Defendants also cite to Brilliant DPI, Inc. v. Konica Minolta Business Solutions U.S.A., Inc., 2019 WL 1376017 , at *3 (E.D.
- Lens.com Inc. v. Aimclear LLC, No. 0:19-cv-02620 (D. Minn. Sept. 30, 2019).In Docksider, Ltd. v. Sea Tech., Ltd., 875 F.2d 762 (9th Cir. 1989), the forum-selection 17 clause at issue provided: “Venue of any action . . . shall be deemed to be in Gloucester County, 18 Virginia.” Id. at 764.
- Almont Ambulatory Surgery Ctr., LLC v. UnitedHealth Grp., Inc., 99 F. Supp. 3d 1110 (C.D. Cal. 2015).published“[w]hen only jurisdiction is specified the clause will generally not be enforced without some further language indicating the parties’ intent to make jurisdiction exclusive”
- Kasper Global Collection & Brokers, Inc. v. Global Cabinets & Furniture Mfrs. Inc., 952 F. Supp. 2d 542 (S.D.N.Y. 2013).published“[Wjhen only jurisdiction is specified the clause will generally not be enforced without some further language indicating the parties’ intent to make jurisdiction exclusive”
- Powertech Tech. Inc. v. Tessera, Inc., 660 F.3d 1301 (Fed. Cir. 2011).published In Docksider, the Ninth Circuit held that “[w]here venue is specified with mandatory language, the clause will be enforced.” 875 F.2d at 764.
- Holck v. Bank of New York Mellon Corp., 769 F. Supp. 2d 1240 (D. Haw. 2011).published (concluding that a forum selection clause is enforceable when mandatory language “makes clear” that venue “lies exclusively in the designated county)
- S. W. Virginia, R.P.S, L.L.C. v. C.T.I. Molecular Imaging, Inc., 74 Va. Cir. 117 (Roanoke County Cir. Ct. 2007).publishedDocksider, Ltd. v. Sea Technology, Ltd., 875 F.2d 762, 764 (9th Cir. 1989); see also Ex parte Bad Toys Holdings, Inc., 958 So. 2d 852 , 2006 Ala. LEXIS 325 .
- Feldman v. Google, Inc., 513 F. Supp. 2d 229 (E.D. Pa. 2007).published(construing a forum selection clause’s language that “venue of any action brought hereunder shall be deemed to be in Gloucester County, Virginia” to be mandatory)
- Mostny v. Papir, 158 F. App'x 825 (9th Cir. 2005).unpublished “language indicating the parties’ intent to make jurisdiction exclusive”
- Dorel Steel Erection Corp. v. Capco Steel Corp., 392 F. Supp. 2d 110 (D. Mass. 2005).publishedThe court deemed the clause to be “permissive,” reaffirming the general rule applied in many circuits that “ ‘[w]hen only jurisdiction is specified the clause will generally not be enforced without some further language indicating the part…
- Repub. of Ecuador v. ChevronTexaco Corp., 376 F. Supp. 2d 334 (S.D.N.Y. 2005).publishedThey cite in support of this contention paragraph 50.1 of the 1973 Contract, which states that “[t]he contractors shall submit to the laws, courts, and judges of Ecuador, to summary verbal proceeding, and expressly waive any claim through…
- Am. Home Assurance Co. v. TGL Container Lines, Ltd., 347 F. Supp. 2d 749 (N.D. Cal. 2004).published “[w]hen only jurisdiction is specified[,] the clause will generally not be enforced without some further language indicating the parties’ intent to make jurisdiction exclusive”
- Mueller v. Sample, 2004-NMCA-075, 93 P.3d 769.publishedId. at 764.
- Koresko v. RealNetworks, Inc., 291 F. Supp. 2d 1157 (E.D. Cal. 2003).publishedDocksider, Ltd. v. Sea Technology, Ltd., 875 F.2d 762, 764 (9th Cir.1989).
- AGR Fin., L.L.C. v. Ready Staffing, Inc., 99 F. Supp. 2d 399 (S.D.N.Y. 2000).publishedThe court declined to preclude the federal district court from exercising jurisdiction, stating that: [t]he general rule in cases containing forum selection clauses is that “[wjhen only jurisdiction is specified the clause will generally n…
- S & D Coffee, Inc. v. Gei Autowrappers, 995 F. Supp. 607 (M.D.N.C. 1997).published
- Omnicell, Inc. v. Medacist Solutions Grp., LLC, 272 F.R.D. 469 (N.D. Cal. 2011).published
- John Boutari & Son, Wines & Spirits, S.A. v. Attiki Importers & Distributors Inc., 22 F.3d 51 (2d Cir. 1994).published
- Talatala v. Nippon Yusen Kaisha Corp., 974 F. Supp. 1321 (D. Haw. 1997).published
- Caribe BMW, Inc. v. Bayerische Motoren Werke Aktiengesellschaft, 821 F. Supp. 802 (D.P.R. 1993).published
- Terra Int'l, Inc. v. Mississippi Chem. Corp., 922 F. Supp. 1334 (N.D. Iowa 1996).published
- Allendale Mut. Ins. Co. v. Excess Ins. Co., 970 F. Supp. 265 (S.D.N.Y. 1997).published
- Zimmerman Metals, Inc. v. United Engineers & Constructors, Inc., 720 F. Supp. 859 (D. Colo. 1989).published
- Kachal, Inc. v. Menzie, 738 F. Supp. 371 (D. Nev. 1990).published
- Berg v. MTC Elec. Tech. Co., 61 Cal. App. 4th 349 (Cal. Ct. App. 1998).published
- Loudon Plastics, Inc. v. Brenner Tool & Die, Inc., 74 F. Supp. 2d 182 (N.D.N.Y. 1999).published
- Gamma Constr. Co. v. Werhan Folkers & Monihan, Inc., 11 F. App'x 814 (9th Cir. 2001).unpublished
- Found. Fitness Prods., LLC v. Free Motion Fitness, 121 F. Supp. 3d 1038 (D. Or. 2015).published
- Arguss v. Teletron, Inc., No. CV-99-257-JD (D.N.H. Nov. 19, 1999).published
- S.K.I. Beer Corp. v. Baltika Brewery, 612 F.3d 705 (2d Cir. 2010).published
At page 763 Enforcing contractual forum selection and venue clauses30 citing casesvenue of any action brought hereunder shall be deemed to be in Gloucester County, Virginia
- Centuria S.R.L. v. Kano Labs LLC, No. 1:24-cv-00428 (D. Idaho Aug. 25, 2025). Section 9.3 did more than list which court had jurisdiction; it specified Bonneville County as venue with “mandatory language.” MEMORANDUM DECISION AND ORDER - 5 See Docksider, Ltd., 875 F.2d at 764 (“The prevailing rule is clear from thes…
- In re Giant Eagle, Inc., No. 05-15-01292-CV (Tex. App.—Dallas Oct. 23, 2015).published Mandatory Versus Permissive Forum Selection also Docksider, 875 F.2d at 764 (“The prevailing rule is clear Language from these and other cases that where venue is specified with *4 Having determined that the 2003 Agreement controls, mandat…
- Karlsson v. Ronn Motor Grp. Inc., No. 2:19-cv-04510 (D. Ariz. May 22, 2020). Docksider, Ltd. v. Sea Tech., Ltd., 875 F.2d 762 , 764 (9th 22 Cir. 1989) (“[W]here venue is specified with mandatory language the clause will be 23 enforced.”).4 24 Whether a forum selection clause is mandatory or permissive is a question…
- Medliant Inc. v. Mabute, No. 1:23-cv-00419 (E.D. Tex. May 1, 2024).The court was persuaded, in part, by the clause’s specification of a particular court—the Eighth Judicial District Court—and drew a comparison to the Ninth Circuit’s conclusion in Docksider, Ltd. v. Sea Technology, Ltd., that the following…
- Medliant Inc. v. Ponce de Leon, No. 1:23-cv-00203 (E.D. Tex. May 1, 2024).The court was persuaded, in part, by the clause’s specification of a particular court—the Eighth Judicial District Court—and drew a comparison to the Ninth Circuit’s conclusion in Docksider, Ltd. v. Sea Technology, Ltd., that the following…
- Medliant Inc. v. Delgado, No. 1:23-cv-00418 (E.D. Tex. May 1, 2024).The court was persuaded, in part, by the clause’s specification of a particular court—the Eighth Judicial District Court—and drew a comparison to the Ninth Circuit’s conclusion in Docksider, Ltd. v. Sea Technology, Ltd., that the following…
- Hansen v. Smoke Guard California, Inc., No. 3:23-cv-02038 (N.D. Cal. June 28, 2023). Id. at 764. 15 Applying these principles to the forum selection clause in this case, the agreement does not 16 include mandatory language.
- IAC/InterActiveCorp v. Adam Roston, 44 F.4th 635 (7th Cir. 2022).published “[v]enue of any action brought hereunder shall be deemed to be in Gloucester County, Virginia”
- Billings Clinic v. Am. Guarantee & Liab. Ins. Co., No. 1:21-cv-00032 (D. Mont. Feb. 8, 2022).(discussing forum selection clause waivers)
- Yankeecub v. Fendley, No. 2:21-cv-00042 (D. Mont. Aug. 13, 2021).Docksider, Ltd. v. Sea Technology, Ltd., 875 F.2d 762, 763 (9th Cir. 1989).
Show 18 more citing cases
- Thabet Mgmt., Inc. v. Nautilus Ins. Co., No. 6:20-cv-02111, 2021 WL 2555127 (D. Or. June 22, 2021). In Docksider, Ltd. v. Sea Tech., Ltd., 875 F.2d 762 (9th Cir. 1989), by contrast, the Ninth Circuit found that a forum selection clause was mandatory where the parties not only consented to the jurisdiction of the state courts of Virginia,…
- Heckler & Koch, Inc. v. German Sport Guns GmbH, 71 F. Supp. 3d 866 (S.D. Ind. 2014).published“The law is clear: where venue is specified with mandatory or 'obligatory language, the clause will be enforced; where only jurisdiction is specified, the clause will generally not be enforced unless there is some further language indicati…
- Beverly Enter.-Texas, Inc. v. Devine Convalescent Care Ctr., 2012 OK CIV APP 16, 273 P.3d 890.publishedVenue of any action brought hereunder shall be deemed to be in Gloucester County, Virginia." Docksider Ltd. v. Sea Technology, Ltd., 875 F.2d 762, 763 (cited in K & V Scientific, 314 F.3d at 500 ). 4 .
- Powertech Tech. Inc. v. Tessera, Inc., 660 F.3d 1301 (Fed. Cir. 2011).published In Docksider, the Ninth Circuit held that “[w]here venue is specified with mandatory language, the clause will be enforced.” 875 F.2d at 764.
- Holck v. Bank of New York Mellon Corp., 769 F. Supp. 2d 1240 (D. Haw. 2011).published Council of Laborers v. Pittsburg-Des Moines Steel Co., 69 F.3d 1034 , 1037 (9th Cir.1995); see also Hunt Wesson Foods, Inc. v. Supreme Oil Co., 817 F.2d 75, 77 (9th Cir.1987) (“[Flo-rum selection clauses have been held to require litigatio…
- Feldman v. Google, Inc., 513 F. Supp. 2d 229 (E.D. Pa. 2007).publishedThus, whether or not several states might otherwise have jurisdiction over actions stemming from the agreement, all actions must be filed and prosecuted in [the designated county].” Docksider, Ltd. v. Sea Tech., Ltd., 875 F.2d 762, 764 (9t…
- K & v Sci. Co. v. Bayerische Motoren Werke Aktiengesellschaft (\BMW\")", 314 F.3d 494 (10th Cir. 2002).publishedVenue of any action brought hereunder shall be deemed to be in Gloucester County, Virginia.” Dock sider, 875 F.2d at 763.
- Vogt-nem, Inc. v. M/v Tramper, 263 F. Supp. 2d 1226 (N.D. Cal. 2002).publishedThe forum selection clause in that case, which was held to be enforceable, stated: “Venue of any action brought hereunder shall be deemed to be in Gloucester County, Virginia.” Id. at 763 (emphasis added).
- Home Prods. Int'l-North Am., Inc. v. Peoplesoft USA, Inc., 201 F.R.D. 42 (D. Mass. 2001).published(venue of any action brought hereunder shall be deemed to be in Gloucester County, Virginia)
- Paper Express, Ltd. v. Pfankuch Maschinen GmbH, 972 F.2d 753 (7th Cir. 1992).published
- Offshore Sportswear, Inc. v. Vuarnet Int'l, B.V., 114 F.3d 848 (9th Cir. 1997).published
- S & D Coffee, Inc. v. Gei Autowrappers, 995 F. Supp. 607 (M.D.N.C. 1997).published
- Hyland Lakes Spuds, Inc. v. H.C. Schmieding Produce Co., 25 F. Supp. 2d 941 (E.D. Wis. 1998).published
- Boland v. George S. May Int'l Co., 969 N.E.2d 166 (Mass. App. Ct. 2012).published
- Omnicell, Inc. v. Medacist Solutions Grp., LLC, 272 F.R.D. 469 (N.D. Cal. 2011).published
- Meridian PO Fin. LLC v. OTR Tire Grp. Inc., 507 F. Supp. 3d 1148 (D. Ariz. 2020).published
- Ruppersberger v. Ramos, No. 1:11-cv-00145 (D. Haw. July 31, 2020).
- N. California Dist. Council of Laborers v. Pittsburg-Des Moines Steel Co., 69 F.3d 1034 (9th Cir. 1995).published
At page 762 Determining mandatory versus permissive forum selection clause4 citing cases“venue of any action brought hereunder shall be deemed to be in gloucester county, virginia.”
- NitroCream LLC v. Chill-N Nitrogen Ice Cream Franchising LLC, No. 2:24-cv-00199 (E.D. Wash. June 6, 2025). (Venue of 12 any action brought hereunder shall be deemed to be in Gloucester County, 13 Virginia.)
- NitroCream LLC v. Chill-N Nitrogen Ice Cream Franchising LLC, No. 1:25-cv-22836 (S.D. Fla. June 6, 2025). (Venue of 12 any action brought hereunder shall be deemed to be in Gloucester County, 13 Virginia.)
- K & v Sci. Co. v. Bayerische Motoren Werke Aktiengesellschaft (\BMW\")", 164 F. Supp. 2d 1260 (D.N.M. 2001).published (venue of any action brought hereunder shall be deemed to be in Gloucester County, VA” is “mandatory language makfing] clear that venue, the place of suit, lies exclusively in the designated county)
- Saccani Distrib. Co. v. Clean Cause, Inc., No. 2:20-cv-01498 (E.D. Cal. Aug. 31, 2021). (finding mandatory a forum-selection clause which stated: 13 “Venue of any action brought hereunder shall be deemed to be in Gloucester County, Virginia.)
v.
SEA TECHNOLOGY, LTD. Innovative Technology International, Ltd. United Metering Services
Docksider, Ltd. (“Docksider”) appeals the dismissal of its diversity action against Sea Technology, Inc. (“Sea Tech”) based on the district court’s enforcement of a contractual forum selection clause. We affirm.
The parties to this action entered an agreement whereby Docksider was granted a license to distribute equipment manufactured by Sea Tech. Paragraph ll.D of the agreement provided as follows:
This agreement shall be deemed to be a contract made under the laws of the State of Virginia, United States of America, and for all purposes shall be interpreted in its entirety in accordance with the laws of said State. Licensee hereby agrees and consents to the jurisdiction of the courts of the State of Virginia. Venue of any action brought hereunder shall be deemed to be in Gloucester County, Virginia.
A dispute arose under the contract and Docksider filed suit in the United States District Court for the Central District of California, invoking diversity jurisdiction. Sea Tech filed a motion to dismiss, claiming that the court lacked subject matter jurisdiction on the basis of the forum selection clause, or in the alternative that there was no personal jurisdiction. The district court granted the motion on the first ground, and Docksider appeals.
A contractual forum selection clause is “prima facie valid and should be enforced unless enforcement is shown by the resisting party to be ‘unreasonable’ under the circumstances.” M/S Bremen v. Zapata Offshore Co., 407 U.S. 1, 10, 92 S.Ct. 1907, 1913, 32 L.Ed.2d 513 (1972). Docksider makes no allegations of fraud or undue influence underlying the forum selection clause that would render its enforcement unreasonable. See Pelleport Investors, Inc. v. Budco Quality Theatres, Inc., 741 F.2d 273, 280 (9th Cir.1984). The sole issue before the court is whether the clause in this appeal is mandatory or permissive. Docksider contends that it is permissive, being only a consent to the jurisdiction of Virginia, and Sea Tech claims that it is mandatory, vesting jurisdiction and venue exclusively in the state court for Gloucester County, Virginia.
The critical language in paragraph ll.D is the final sentence: “Venue of any action brought hereunder shall be deemed to be in Gloucester County, Virginia.” The district judge concluded that this language represented the parties’ intent to pursue any litigation that arose only in Virginia. Docksider contends that this interpretation is erroneous because the contractual language does not contain any express mandatory term such as “exclusively” that would indicate the parties’ intent to vest Virginia with exclusive jurisdiction. Docksider has cited numerous cases as support for this position, relying principally on Hunt Wesson Foods, Inc. v. Supreme Oil Co., 817 F.2d 75 (9th Cir.1987).
The Hunt Wesson forum selection clause contained the following language:
Buyer and Seller expressly agree that the laws of the State of California shall govern the validity, construction, inter[*764]pretation and effect of this contract. The courts of California, County of Orange, shall have jurisdiction over the parties in any action at law relating to the subject matter of the interpretation of this contract.
See id. at 76. We held that the clause was permissive, noting that “in cases in which forum selection clauses have been held to require litigation in a particular court, the language of the clauses clearly required exclusive jurisdiction.” Id. at 77 (emphasis in original).
Hunt Wesson is distinguishable because the forum selection clause underlying this action contains the additional sentence stating that “[vjenue of any action brought hereunder shall be deemed to be in ... Virginia.” This language requires enforcement of the clause because Docksider not only consented to the jurisdiction of the state courts of Virginia, but further agreed by mandatory language that the venue for all actions arising out of the license agreement would be Gloucester County, Virginia. This mandatory language makes clear that venue, the place of suit, lies exclusively in the designated county. Thus, whether or not several states might otherwise have jurisdiction over actions stemming from the agreement, all actions must be filed and prosecuted in Virginia.
In Sterling Forest Associates v. Barnett-Range Corp., 840 F.2d 249, 250, 252 (4th Cir.1988), the Fourth Circuit held the following provision to be mandatory: “This Agreement shall be construed and enforced in accordance with the laws of the State of California and the parties agree that in any dispute jurisdiction and venue shall be in California.” In Nascone v. Spudnuts, Inc., 735 F.2d 763, 765 (3d Cir.1984), the relevant language stated that “[tjhis franchise shall be construed according to the laws of the State of Utah, and venue for any proceeding relating to the provisions hereof shall be Salt Lake County, State of Utah.” The Third Circuit implicitly enforced this provision by characterizing it as “reasonable” and “explicit.” See id. at 773. The Fifth Circuit in In re Fireman’s Fund Insurance Companies, 588 F.2d 93, 94 (5th Cir.1979) held that a venue provision which stated: “If the Sub-contractor shall institute any suit or action for the enforcement of any of the obligations under this agreement, the venue of such suit or action shall be laid in the County of Essex and State of New Jersey” was valid to lay venue in New Jersey.
The prevailing rule is clear from these and other cases that where venue is specified with mandatory language the clause will be enforced. See Sterling Forest Associates, 840 F.2d at 251-52; but see Galli v. Travelhost, Inc., 603 F.Supp. 1260, 1263 (D.Nev.1985) (attempting to distinguish Bremen in refusing to enforce clause providing “This Agreement is to be governed by and construed according to the laws of the State of Texas and venue for all purposes shall be in the State of Texas.”). When only jurisdiction is specified the clause will generally not be enforced without some further language indicating the parties’ intent to make jurisdiction exclusive. See, e.g., Keaty v. Freeport Indonesia, Inc., 503 F.2d 955, 956 (5th Cir.1974) (“This agreement shall be construed and enforced according to the law of the State of New York and the parties submit to the jurisdiction of the courts of New York,” held permissive and not a mandatory forum selection clause); Manetti-Farrow, Inc. v. Gucci America, Inc., 858 F.2d 509, 511 (9th Cir.1988) (“For any controversy regarding interpretation or fulfillment of the present contract, the Court of Florence has sole jurisdiction,” enforced).
We hold that the venue provision of the forum selection clause is sufficient to distinguish Hunt Wesson and clearly designates the state court in Gloucester County, Virginia, as the exclusive forum.
AFFIRMED.