May a district court create an exception to the rule that the validity of a forum-selection clause does not depend upon the validity of the underlying contract containing the clause, based upon the subject matter of the contract?

QUESTION PRESENTED Courts adjudicating forum non conveniens motions seeking to enforce forum-selection clauses as a general rule do not consider whether the underlying contract is valid. Instead, they determine only whether the forum-selection clause itself is valid and enforceable. Here, however, the Ninth Circuit held this rule does not apply when the forum-selection clause is contained in an allegedly invalid arbitration agreement. The question presented here is: May a district court create an exception to the rule that the validity of a forum-selection clause does not depend upon the validity of the underlying contract containing the clause, based upon the subject matter of the contract? (i)