William J. Brennan, Jr.

“ The right appears most like the right to be free from trial if it is characterized-as by petitioner-as a right not to be sued at all except in a Neapolitan forum. It appears less like a right not to be subjected to suit if characterized-as by the Court of Appeals-as "a right to have the binding adjudication of claims occur in a certain forum." ”

“ We noted that, after Mitchell, " [t] he critical question . . . is whether 'the essence' of the claimed right is a right not to stand trial," 486 U.S., at 524, 108 S.Ct., at 1950, and held that the immunity from service of process defendant asserted did not amount to an immunity from suit-even though service was essential to the trial court's jurisdiction over the defendant. ”

“ An order denying a motion to dismiss a civil action on the ground that a contractual forum-selection clause requires that such suit be brought in another jurisdiction is not a decision on the merits that ends the litigation. ”