VENDO INTERNATIONAL v. M/T "FRANCES HAMMER" AND OXYNESS SHIPPING CO. INC., M.V. "SIMBA" AND A/S DET OSTASIATISKE KOMPAGNI (THE "FRANCES HAMMER")

[1975] 1 Lloyd's Rep. 305

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Before District Judge Inzer B. Wyatt

United States - Bill of lading - Cargo shipped under bills of lading contained "both to blame" collision clause and stating that Danish Courts had exclusive jurisdiction - Cargo damaged in collision - Claim by cargo-owners against owners of non-carrying vessel -Owners of carrying vessel brought in as third parties - Counterclaim by owners of carrying vessel against cargo-owners - Whether "both to blame" collision clause valid - Whether agreement to submit claims arising out of collision to English Courts applied to claims for damage to cargo as well as to damage to vessels - Whether Danish Courts forum conveniens.