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MAZDA MOTORS OF AMERICA, INC. v. M/V COUGAR ACE

No. 07-35787.

565 F.3d 573 (2009)

MAZDA MOTORS OF AMERICA, INC. and Indemnity Insurance Company of North America, Plaintiffs-Appellants, v. M/V COUGAR ACE, her engines, tackle and appurtenances, in rem, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 8, 2009.

Attorney(s) appearing for the Case

Charles S. Jordan and Michelle Buhler (argued), Danielson Harrigan Leyh & Tollefson LLP, Seattle, WA, for the plaintiffs-appellants.

Herbert H. Ray, Jr., Phillip R. Lempriere (argued) and Catharine M. Morisset, Keesal, Young & Logan, Seattle, WA, for the defendant-appellee.

Before: SUSAN P. GRABER, RAYMOND C. FISHER and MILAN D. SMITH, JR., Circuit Judges.

FISHER, Circuit Judge:

This in rem admiralty action requires us to decide whether the defendant ocean vessel may invoke a forum selection clause in the bills of lading governing ocean carriage on that vessel. The ocean carrier that issued the bills of lading indisputably could have invoked the forum selection clause. Further, the bills of lading include a "Himalaya clause," whereby anyone assisting in performing the carriage also benefits from any contract provision...

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