Since the U.S. Supreme Court’s landmark decision in Skyreefer foreign ocean carriers have held a very strong card to dissuade American shippers of lost/damaged/delayed freight from seeking recourse. Those clauses in ocean bills of lading mandating that cargo litigation or arbitration against the carrier take place have been held presumptively enforceable.
Ref: Y-Tex Corporation v. Schenker, Inc. v. Hapag –Lloyd (America), Inc., et al., pending in the W.D. Wash. Under Cause No. C10-1264 RSL, slip opinion available at 2011 WL 2292352.
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