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Ambraco Inc and Anr v Bossclip BV and Ors (The “Clipper Faith”) – US Court of Appeals (5th Circuit) (Garwood, Dennis and Prado Ct JJ) – 28 May 2009
Conflict of laws – Forum selection clause - Bill of lading containing USA Clause Paramount and exclusive English forum selection clause – Whether forum selection clause valid – Whether clause contradicted US public policy
(2009) 780 LMLN 2
The first plaintiff cargo owners (“Ambraco”) alleged that their cargo of bailer twine carried on board the vessel Clipper Faith from Brazil to New Orleans was damaged while in the custody of the vessel interests or the discharging stevedores. The cargo was carried under a bill of lading containing a US Clause Paramount, and an exclusive English law and forum selection clause.
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Michael Daiches, Barrister
Oct 13 2009
