Forum Selection Clauses in Intermodal Shipment Under a Through Bill Of Lading: Should COGSA or Carmack Apply to the Inland Shipment

more+
less-

In February 2009, the Ninth Circuit Court of Appeals issued a decision examining "which federal statute governs a maritime case involving a train wreck." In Regal Beloit Corp., et al. v. Kawasaki Kisen Kaisha, Ltd., et al., -- F.3d -- 2009 WL 251949 (C.A. 9 (Cal.) (2009)) the Court refused to enforce a Tokyo forum selection clause contained in a through bill of lading issued by Kawasaki Kisen Kaisha, Ltd. ("K-line"). The through bill of lading contained a Himalaya Clause extending the ambit of the Carriage of Goods by Sea Act ("COGSA"), 46 U.S.C. 30701 (Note) to the inland portion of the shipment. The Ninth Circuit held, however, that despite the Himalaya Clause in the bill of lading issued by K-line, the inland shipment was controlled by the Carmack Amendment, 49 U.S.C. Section 10502(e).

LOADING PDF: If there are any problems, click here to download the file.


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Lane Powell PC | Attorney Advertising

Written by:

more+
less-

Lane Powell PC on:

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×
Loading...
×
×