SHANGHAI YANLIU INTERNATIONAL FREIGHT TRANSPORT AGENCY CO LTD v EVERGREEN MARINE CORPORATION (TAIWAN) LTD

[2016] 6 CMCLR 48

SUPREME PEOPLE'S COURT OF CHINA(CIVIL JUDGMENT)

Before Presiding Judge Shoujie,Deputy Judge Xiaohan,Deputy Judge Xiwu,Court Clerk Na

Carriage of good by sea – Jurisdiction dispute – Choice of New York court clause in bill of lading – Cargo carriage from Dalian, China to Baltimore USA – Lex fori – Chinese law requirement regarding actual connection of chosen forum with dispute – Whether New York court has connection with dispute – Unilateral right of choice of carrier that “this law and jurisdiction clause is intended solely for the carrier's benefit and may be unilaterally waived by the carrier, in whole or in part, before or after proceedings are commenced” – Whether this choice of court clause is thereby uncertain and unenforceable.