Regal Scout No. 2 - Fed.Ct. (Cattanach J.) - 13 May 1983

The shipowner made application to stay the proceedings in the Federal Court of Canada on the ground that the bill of lading contained a Japanese forum clause. By evidence adduced it was established that on the current state of Japanese law the Tokyo District Court would not construe a contract of carriage to have been existing as between the cargo owners and the shipowner but rather would determine the contract of carriage to have been between the cargo owners and the time charterer who issued the bill of lading on its standard form (purporting to do so as agent for the shipowner).