Abrar Surgery (Pvt) Ltd and Anr v MV ‘Jolly Oro’ and Ors - US District Ct (SDNY)(Mukasey DJ) - 4 May 1999

Conflict of laws - Bill of lading containing exclusive jurisdiction clause in favour of Croatian court - Whether US proceedings should be dismissed

The plaintiff cargo owners sued the vessel Jolly Oro and others, including the carrier, for damages in respect of alleged cargo damage. The carrier applied to dismiss the proceedings pursuant to a forum selection clause which required that the action be brought in a Croatian court. The bill of lading provided: