Forum Selection Clauses in Intermodal Shipment Under a Through Bill Of Lading: Should COGSA or Carmack Apply to the Inland Shipment
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). View full article (PDF).