Suit on Carrier’s Bill of Lading Constitutes Acceptance

Tuesday, May 31, 2005
In a rehearing, the U.S. Court of Appeals for the Ninth Circuit ruled that the forum selection clause in a carrier’s bill of lading is accepted by the non-signing cargo owner when the owner brings suit against the carrier for breach of the bill of lading. In the instant case, plaintiff cargo owner contracted with a NVOCC to have its cargo shipped from Korea to Los Angeles. The NVOCC’s bill of lading included a forum selection clause providing for suit in the United States. The NVOCC then contracted with the carrier to actually perform the carriage. The carrier issued a bill of lading that included a forum selection clause providing for suit to be brought in Korea. Needless to say, the cargo was damaged en route and the cargo owner brought suit in the United States. The cargo owner argued that it was not bound by the carrier’s forum selection clause because it had not signed the carrier’s bill of lading. In the original decision, the appellate court ruled that the NVOCC acted as the agent of the cargo owner when it signed the carrier’s bill of lading. The Supreme Court overturned that approach in Norfolk Southern v. Kirby, 125 S.Ct. 385 (2004). On rehearing, the appellate court decided that the cargo owner accepted the bill of lading that it had not signed when the owner brought suit on it. The Ninth Circuit is not to be deterred. Kukje Hwajae Ins. v. M/V Hyundai Liberty, No. 00-56970 Source: HK Law
Maritime Reporter November 2014 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Legal

US Shippers, West Coast Dockworkers Union Resume Contract Talks

Negotiators for shipping lines and terminal operators at 29 U.S. West Coast ports resumed contract talks with the union for dockworkers on Thursday, as cargo backups continued at the ports,

Report: Dire Conditions in Indian Shipbreaking Yards

Report by Indian research institute reveals poor enforcement of occupational health and safety provisions   The working and living conditions at the shipbreaking yards of Alang,

Italian Shipbuilder Pleads Guilty to Environmental Crimes

An Italian shipping firm based in Genoa, Italy, pleaded guilty to violating the Act to Prevent Pollution from Ships by falsifying required ships’ documents to hide

Maritime Security

NASSCO Opens Bremerton Repair Facility

General Dynamics NASSCO celebrated the grand opening of its new location in Bremerton, Wash., yesterday. The facility will support the company’s recently-awarded contract to repair and maintain U.

USCG Commandant to Address PVA Convention

Commandant of the U.S. Coast Guard Admiral Paul F. Zukunft will attend the PVA Annual Convention at MariTrends 2015 in Long Beach, Calif. and deliver a keynote

Philippines to Buy Naval Assets, China Sea Dispute Simmers

The Philippines aims to buy two frigates, two helicopters and three gunboats for deployment in the South China Sea where a territorial dispute with China has lent

 
 
Maritime Contracts Navigation Offshore Oil Pipelines Port Authority Salvage Ship Electronics Ship Simulators Sonar Winch
rss | archive | history | articles | privacy | terms and conditions | contributors | top maritime news | about us | copyright | maritime magazines
maritime security news | shipbuilding news | maritime industry | shipping news | maritime reporting | workboats news | ship design | maritime business

Time taken: 0.1935 sec (5 req/sec)