ICICI BANK LIMITED, acting through its Singapore branch, Plaintiff, -against- ESSAR GLOBAL FUND LIMITED, f/k/a ESSAR global Limited, ESSAR STEEL LIMITED MAURITIUS, f/k/a ESSAR Steel Holdings limited, ESSAR STEEL ASIA HOLDINGS LIMITED, and ESSAR STEEL MAURITIUS LIMITED, Defendants., 565 B.R. 241

Summary

HOLDINGS: [1]-The guarantors were not allowed to transfer the lender's facility agent's breach of contract action to the District of Delaware under 28 U.S.C.S. § 1404(a) because the guarantors did not make a sufficient showing to overcome the presumption that the forum-selection clauses at issue were presumptively enforceable where they were reasonably communicated to the guarantors, were mandatory in nature, and applied to the claims and parties, the guarantors did not argue that the clauses were procured by fraud or overreaching, nor did they show that enforcement would be unreasonable or unjust, and there were no direct conflicts between the claims asserted in the current action and the lender's bankruptcy.