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Ninth Circuit Enforces Forum Selection Clause in Ocean Bill of Lading in Favor of Subcontracting Vessel



by Lane Powell PC - Seattle Office

June 17, 2009

Previously published on May 26, 2009

Last week in Mazda Motors of America, Inc. and Indemnity Insurance Co. of North America v. M/V COUGAR ACE, ___ F.3d ___ (9th Cir. 2009), a panel of the Ninth Circuit Court of Appeals enforced the Japanese forum selection clause contained within an ocean carrier's bill of lading in an in rem action filed by the cargo owner seeking damages for cargo damage against the contracting vessel.


 

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