Zapata Marine Service v. O/y Finnlines, Ltd., and the M/v Finntrader

This case presents a question of the interpretation of a forum-selection clause in an agreement negotiated between the owners of two ships after the vessels had been involved in a collision on the high seas. The District Court for the Southern District of Texas dismissed the case relying primarily on M/S BREMEN v. Zapata Offshore Company, 407 U.S. 1, 92 S.Ct. 1907, 32 L.Ed.2d 513 (1972). For the reasons set out below, we affirm that dismissal.

Zapata argues that this case is controlled by Keaty v. Freeport Indonesia, Inc., 503 F.2d 955 (5 Cir. 1974), which held that a clause directing that the…