Mazda Motors of America, Inc. v. M/V COUGAR ACE

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 designed to benefit the carrier. 1 We hold that, because the vessel assisted in performing the carriage, it is a Himalaya…