The provision may be binding on a non-signatory where it and a contracting party have such a close relationship that it is foreseeable that the forum selection clause will be enforced against the non-signatory. The rationale for binding non-signatories is that forum selection clauses promote stable and dependable trade relations, and that it would be contrary to public policy not to enforce a forum selection clause against non-signatory entities through which a party acts.
Highland Crusader Offshore Partners, L.P. v. Targeted Delivery Tech. Holdings, Ltd., NY Slip Op 02991 (1st Dep't May 21, 2020)
Here is the decision.
