N.D. Cent. Code § 28-04.1-03: Action in another place by agreement

If the parties have agreed in writing that an action on a controversy may be brought only in another state and it is brought in a court of this state, the court will dismiss or stay the action, as appropriate, unless:

1.The court is required by statute to entertain the action;

2.The plaintiff cannot secure effective relief in the other state, for reasons other than delay in bringing the action;

3.The other state would be a substantially less convenient place for the trial of the action than this state;

4.The agreement as to the place of the action was obtained by misrepresentation, duress, the abuse of economic power, or other unconscionable means; or

5.It would for some other reason be unfair or unreasonable to enforce the agreement.