Transcontinental Commodities, Inc. v. Italnavi Societa Di Navigazione Per Azioni-Genova

WEINFELD, District Judge.

This action was commenced by libellant to recover damages incurred by reason of respondent’s alleged misdirection of shipments of cocoa cake.

The respondent moves that this Court decline jurisdiction principally upon the ground that the bills of lading covering the goods in question provide for a waiver of jurisdiction in favor of the courts of Genoa, Italy, under the Italian Code of Navigation; the respondent also seeks relief on the ground of forum non conveniens.

The respondent is a corporation of the Republic of Italy. The libellant is a New York corporation doing…