case because it is surely determined to win this case on the case starts with a substantial presumption in favor of the plaintiff for the selection citing m p i which was decided by two members of this court on step one side or settlement of any disputes arising under the executions nothing but i think that's substantially different than the language shall be settled by the greek courts i think it's  linguistically different and indeed i write language like that when i write employment contract and all i'm doing is creating a rich process not just your whole case depends on this are you right now which is not your own it doesn't because the district court in the and the fruit factor is so gravely difficult an inconvenience the plaintiff well for all practical purposes be deprived to stay in court and that language is what we need a factual finding on that that we have that in the in your record below but we have no factual here that we'd also like to know about another person who complained about the transparency of process in the kingdom and selection clause that the agreements counsel shall be signed for settlement of any and all disputes instead of just any disputes would you at that point would you say that it's mandatory well i think that  right counsel shall be a song ok i thought it said the but that's the district courts of the grievance council shall be a sign for settlement of any disputes or claims and my question is what if it says the grievance council shall be assigned for settlement of any and all of reasons st the foreign selection clause here is mandatory because it states that any claim shall be assigned to the saudi border grievances shall means because the kingdom has waived its sovereign immunity as to any claim on this contract in the board of grievances and the entire contract is performed in saudi which is also where all of the witnesses and records are located generally as a show the courts questions they focus in on the language of the foreign selection clause and appropriately so and we would emphasize that this clause contains not only the language of mandate which is really the court's instruction or guard most of the specific language itself the court is looking for both in mara and in rocky is language of mandate and here we have that shall but we also have read and that is what brennan speaks to that we look to the all in compassing nature of this forum selection which again tells us that it is mandatory the court is correct when it asks you didn't make any public interest argument did you counsel for g s the answer is no in fact as the district court recognized there is no argument whatsoever as to the public interest factors but on top of that and critically there is no evidence in the record whatsoever to substantiate any of the allegations and they really are generalized allegations based on media or words what could a part in any case where there's a mandatory clause like let's assume it's mandatory sure what would be what would a public interest finding be that would come on the court has given us some examples of your example here in the menendez case where we saw a bar by the united states on accessing cuba or for example if there were you know some other foreclosure in the kingdom in saudi arabia barring entry to d s yeah but again there's any claim whatsoever on this contract would be brought in and so there is an effective way to get to any claim on this contract but i think as a his argument your colleagues are going to decide is not necessarily that is inconvenient that the plaintiff will for all practical purposes be denied his day in court and if the court will forgive me i've come to refer to the case as rocky and perhaps that's the focus on the suffering in me and in fact that analysis kinds is part of the validity and enforceability part of the analysis so in this work rocky makes clear that the initial analysis by the supreme court is  appropriate for the court to ask is the form so gravely inconvenience that there is no remedy for d s e i d s e i has made no argument to that effect in the district court or here on appeal they are conflating adequa to do the job he should have done in the district court instead of yes i am the decisions implemented here including owens says that really the f s a is meant to save not only decisions of the u courts but rig ation in the u s courts and that as the moving party on the form nine comediennes motion to dismiss and the kingdom of saudi arabia was entitle to pursue the quote most cheaply decisive trail we were not subjected i'm sorry we were not expected to keep the decision open while the sci sees if it can find some evidence to show that it's not able to access the forum which clearly is able to do