Farrell Lines Incorporated v Columbus Cell-Poly Corporation and Ors (The “Export Freedom”) - US District Court (SDNY)(Mukasey DJ) - 12 September 1997

Carriage of goods by sea - Validity of US forum selection clause - Whether carrier entitled to limit liability under COGSA - Whether carrier entitled to declaratory judgment

The plaintiff shipowners (a Delaware corporation with their principal place of business in New York) issued a bill of lading for the carriage of one container (containing a printing press) from Livorno, Italy to Norfolk, Virginia, USA with a final destination of Columbus, Ohio. The bill of lading contained a clause paramount incorporating US COGSA, and a clause providing that its terms should be construed in accordance with US law, and that any suits against the carrier should be brought in the US District Court for the Southern District of New York.