Mazda Motors of America Inc and Anr v M/V Cougar Ace – US Court of Appeals (9th Circuit) (Susan P Graber, Raymond C Fisher and Milan D Smith Jr Ct JJ) – 8 May 2009

Conflict of laws – Forum selection clause conferring exclusive jurisdiction on Japanese courts in respect of any action against the Carrier – Plaintiff cargo interests bringing cargo claim in United States against vessel in rem – Whether vessel entitled to benefit of forum selection clause – Whether vessel a Sub-Contractor of the Carrier within meaning of Himalaya clause

The plaintiffs were the owners and subrogated insurers of a cargo of automobiles carried on board the vessel Cougar Ace from Japan to various US ports. The plaintiffs alleged that the goods sustained more than US$40 million in water damage while crossing the Pacific Ocean and they brought in rem proceedings against the defendant vessel to recover for the damage.