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FIREMAN'S FUND INS. CO. v. M.V. DSR ATLANTIC

No. 96-15734.

131 F.3d 1336 (1997)

FIREMAN'S FUND INSURANCE COMPANY, Plaintiff-Appellee, v. M.V. DSR ATLANTIC, her engines, tackle, machinery, etc., in rem; Cho Yang Shipping Company, Ltd., a corporation, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided December 30, 1997.

As Amended March 10, 1998.

Attorney(s) appearing for the Case

William M. Duncan, Morrison, Mahoney & Miller, San Francisco, California, for defendant-appellant Cho Yang Shipping Company, Ltd., and James J. Tamulski, Kay, Rose & Partners, San Francisco, California, for defendant-appellant DSR-Senator Lines.

Stanley L. Gibson, Derby, Cook, Quinby & Tweedt, San Francisco, California, for plaintiff-appellee.

Before: HUG, Jr., Chief Judge, GOODWIN and HAWKINS, Circuit Judges.

MICHAEL DALY HAWKINS, Circuit Judge:

We consider the enforceability of a foreign forum selection clause in a contract for a wine shipment from France to California by a Korean shipper. We disagree with the district court that the unavailability of in rem proceedings in Korea renders the clause unenforceable. We hold that the foreign forum selection clause at issue in this litigation neither lessens liability under the Carriage of Goods at Sea Act nor violates public...

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