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ASOMA CORP. v. SK SHIPPING CO., LTD.

Docket No. 05-5308-cv.

467 F.3d 817 (2006)

ASOMA CORPORATION, Plaintiff-Appellant, v. SK SHIPPING CO., LTD., Defendant-Cross-Claimant-Appellee, Columbia Shipmanagement Ltd. and Pelagos Shipping, Ltd., Defendants-Cross-Claimants-Appellees, M/V Faros, her Engines, Boilers, Tackle, Etc., Defendant.

United States Court of Appeals, Second Circuit.

Decided: October 24, 2006.

Attorney(s) appearing for the Case

Steven P. Calkins, Kingsley, Kingsley & Calkins, Hicksville, NY, for Plaintiff-Appellant Asoma Corporation.

Randolph H. Donatelli, Cichanowicz, Callan, Keane, Vengrow & Textor, LLP, New York, NY, for Defendant-Cross-Claimant-Appellee SK Shipping Co., Ltd.

Peter J. Gutowski, Freehill, Hogan & Mahar, LLP, New York, NY, for Defendants-Cross-Claimants-Appellees Columbia Shipmanagement Ltd. and Pelagos Shipping, Ltd.

Before LEVAL, B.D. PARKER, Circuit Judges, and SESSIONS, District Judge.

B.D. PARKER, Circuit Judge.

This admiralty case arose from seawater damage to steel coils shipped from Taiwan to the United States, and we must decide in which country the case should be heard. Two separate contracts of carriage, with two different forum selection clauses, potentially govern. Defendant-Appellee SK Shipping Co., Ltd., as "time chartered owner," entered into a charter party (the "contract of charter," "voyage charter" or "charter party") leasing a vessel...

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