Mitsubishi Motors Corp v. Soler Chrysler-Plymouth, Inc., 473 U.S. 614, 629 , 105 S.Ct. 3346, 3355 , 87 L.Ed.2d 444 (1985). The presumption of validi, 111 F.3d 33. · Go Syfert
Mitsubishi Motors Corp v. Soler Chrysler-Plymouth, Inc., 473 U.S. 614, 629 , 105 S.Ct. 3346, 3355 , 87 L.Ed.2d 444 (1985). The presumption of validi, 111 F.3d 33. Cases Citing This Book View Copy Cite
“the burden of proving unreasonableness is a heavy one, carried only by a showing that the clause results from fraud or overreaching, that it violates a strong public policy, or that enforcement of the clause deprives the of his day in court.”
143 citation events (99 in the last 25 years) across 29 distinct courts.
Strongest positive: Dental Resource Systems Inc v. Ashcraft (txnd, 2021-02-10)
Treatment trajectory · 1997 → 2026 · click a year to view as-of
1997 2011 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Dental Resource Systems Inc v. Ashcraft
N.D. Tex. · 2021 · signal: see also · quote attribution · 1 verbatim quote · confidence high
the burden of proving unreasonableness is a heavy one, carried only by a showing that the clause results from fraud or overreaching, that it violates a strong public policy, or that enforcement of the clause deprives the of his day in court.
cited Cited as authority (rule) John A. Mansour v. Morgan Stanley
E.D. Tex. · 2025 · confidence medium
Ballard v. Belcher, Predergast & Laporte, 536 F.3d 439, 449 (5th Cir. 2008) (Dennis, J., dissenting); Mitsui & Co. (USA), Inc. v. Mira M/V, 111 F.3d 33, 35 (5th Cir. 1997)).
cited Cited as authority (rule) Case transferred to the Southern District of New YorkJohn A. Mansour v. Morgan Stanley
E.D. Tex. · 2025 · confidence medium
Ballard v. Belcher, Predergast & Laporte, 536 F.3d 439, 449 (5th Cir. 2008) (Dennis, J., dissenting); Mitsui & Co. (USA), Inc. v. Mira M/V, 111 F.3d 33, 35 (5th Cir. 1997)).
discussed Cited as authority (rule) Electro-Mechanical Recertifiers, L.L.C. v. Samsung E&C America, Inc.
M.D. La. · 2025 · confidence medium
Doc. 9-4, p. 2. 33 M/S Bremen v. Zapata Off-Shore Co., 407 U.S. 1, 10 (1972) (citation omitted). 34 Mitsui & Co. v. Mira M/V, 111 F.3d 33, 35 (5th Cir. 1997) (citing M/S Bremen, 407 U.S. at 12 ). 35 Haynsworth v. The Corp., 121 F.3d 956, 963 (5th Cir. 1997) (citing M/S Bremen, 407 U.S. at 17 ). 36 Rec.
cited Cited as authority (rule) Clear C2 Inc v. Verizon Sourcing LLC
S.D.N.Y. · 2025 · confidence medium
Tex. Jan. 22, 2018) (Fish, J.) (citing Mitsui & Co. (USA), Inc. v. Mira M/V, 111 F.3d 33, 35 (5th Cir. 1997)). 5 Doc. 14 at 1. 6 Atl.
cited Cited as authority (rule) Clear C2 Inc v. Verizon Sourcing LLC
N.D. Tex. · 2025 · confidence medium
Tex. Jan. 22, 2018) (Fish, J.) (citing Mitsui & Co. (USA), Inc. v. Mira M/V, 111 F.3d 33, 35 (5th Cir. 1997)). 5 Doc. 14 at 1. 6 Atl.
cited Cited as authority (rule) Bracken Construction Company, Inc. v. Liebherr-America, Inc.
S.D. Miss. · 2025 · confidence medium
Apr. 9, 2020) (citing Haynesworth, 121 F.3d 956, 963 (5th Cir. 1997); Mitsui & Co. (USA) v. Mira M/V, 111 F.3d 33, 36 (5th Cir. 1997).
discussed Cited as authority (rule) Clement v. USA Barn, LLC
E.D. Tex. · 2024 · confidence medium
The Fifth Circuit has affirmed “a district court’s granting a Rule 12(b)(3) motion to dismiss based on a forum selection clause.” Lim v. Offshore Specialty Fabricators, Inc., 404 F.3d 898, 902 (5th Cir. 2005) (citing Mitsui & Co. (USA), Inc. v. MIRA M/V, 111 F.3d 33, 37 (5th Cir.1997)). 2. 28 U.S.C. § 1404 (a) Section 1404(a) provides that “[f]or the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought.” 28 U.S.C. § 1404 (a).
examined Cited as authority (rule) InVas Medical Devices LLC v. Zimmer Biomet CMF and Thoracic LLC (4×) also: Cited "see", Cited "see, e.g."
N.D. Tex. · 2022 · confidence medium
Al Copeland Investments, L.L.C. v. First Specialty Insurance Corporation, 884 F.3d 540, 543 (5th Cir. 2018) (quoting Haynsworth, 121 F.3d at 963 ) (internal quotation marks omitted); see also M/S Bremen, 407 U.S. at 15-18 ; Mitsui, 111 F.3d at 35 (citation omitted).15 Also, in such cases, district courts should not consider the aforementioned private-interest factors.
discussed Cited as authority (rule) JML Energy Resources, LLC v. Ryder Truck Rental, Inc.
S.D. Fla. · 2021 · confidence medium
“The burden of proving unreasonableness is a heavy one,” and is met only by a “showing that the clause results from fraud or overreaching, that it violates a strong public policy, or that enforcement of the clause deprives the [party] of his day in court.” Mitsui & Co. (USA), Inc. v. MIRA M/V, 111 F.3d 33, 35 (5th Cir. 1997).
discussed Cited as authority (rule) JML Energy Resources, LLC v. Ryder Truck Rental, Inc.
W.D.N.C. · 2021 · confidence medium
“The burden of proving unreasonableness is a heavy one,” and is met only by a “showing that the clause results from fraud or overreaching, that it violates a strong public policy, or that enforcement of the clause deprives the [party] of his day in court.” Mitsui & Co. (USA), Inc. v. MIRA M/V, 111 F.3d 33, 35 (5th Cir. 1997).
discussed Cited as authority (rule) AMJ Transport Corp. v. BMO Harris Bank, N.A.
M.D. La. · 2020 · confidence medium
La. 2013). 26 M/S Bremen v. Zapata Off-Shore Co., 407 U.S. 1, 10 (1972) (citation omitted). 27 Mitsui & Co. v. Mira M/V, 111 F.3d 33, 35 (5th Cir. 1997) (citing M/S Bremen, 407 U.S. at 12 ). 28 Patterson, 2005 WL 3307527 at *5 (quoting Haynsworth v. The Corp., 121 F.3d 956, 963 (5th Cir. 1997)). 29 Rec.
discussed Cited as authority (rule) AMJ Transport Corp v. BMO Harris Bank NA
N.D. Tex. · 2020 · confidence medium
La. 2013). 26 M/S Bremen v. Zapata Off-Shore Co., 407 U.S. 1, 10 (1972) (citation omitted). 27 Mitsui & Co. v. Mira M/V, 111 F.3d 33, 35 (5th Cir. 1997) (citing M/S Bremen, 407 U.S. at 12 ). 28 Patterson, 2005 WL 3307527 at *5 (quoting Haynsworth v. The Corp., 121 F.3d 956, 963 (5th Cir. 1997)). 29 Rec.
cited Cited as authority (rule) Mortimer Family Funeral Home, LLC v. Johnson Consulting Group
S.D. Ga. · 2020 · confidence medium
Haynesworth, 121 F.3d 956, 963 (5th Cir. 1997); Mitsui & Co. (USA) v. Mira M/V, 111 F.3d 33, 36 (5th Cir.1997).
cited Cited as authority (rule) NS412 LLC v. Finch
N.D. Tex. · 2019 · confidence medium
Tex. Jan. 22, 2018) (citing Mitsui & Co, (USA), Inc. v. Mira M/V, 111 F.3d 33, 35 (Sth Cir. 19979).
cited Cited as authority (rule) Bar Group, LLC v. Business Intelligence Advisors, Inc.
S.D. Tex. · 2017 · confidence medium
Bremen, 407 U.S. at 12-13, 15, 18 , 92 S.Ct. 1907 ; Mitsui & Co. (USA), Inc. v. MIRA M/V, 111 F.3d 33, 35 (5th Cir. 1997).
discussed Cited as authority (rule) Davis v. Valsamis, Inc.
S.D. Tex. · 2016 · confidence medium
Further, Plaintiffs have not met their heavy burden of establishing that, in these particular circumstances, enforcement of the clause would be unreasonable under one of the four bases set forth by the Bremen analysis. 6 Mitsui & Co. (USA) v. Mira M/V, 111 F.3d 33, 35 (5th Cir.1997).
discussed Cited as authority (rule) Peter Weber v. Pact XPP Technologies, AG (2×)
5th Cir. · 2016 · confidence medium
See Calix-Chacon v. Global Int'l Marine, Inc., 493 F.3d 507, 510 (5th Cir.2007); Mitsui & Co. (USA), Inc. v. Mira M/V, 111 F.3d 33, 35 (5th Cir. 1997) (per curiam). 9 .
discussed Cited as authority (rule) Todd Enright v. Asclepius Panacea, LLC Asclepius Panacea GP, LLC Daily Pharmacy, LLC Daily Pharmacy GP, LLC And Toth Enterprises II, P .A. D/B/A Victory Medical Center (2×) also: Cited "see"
Tex. App. · 2015 · confidence medium
Merely contracting with a resident of the forum v. MIRA M/V, 111 F.3d 33, 37 (5th Cir.1997).
discussed Cited as authority (rule) Fire Eagle L.L.C. v. Bischoff (In Re Spillman Development Group, Ltd.)
5th Cir. · 2013 · confidence medium
Enforcement of a forum-selection clause may be shown to be “ ‘unreasonable’ under the circumstances,” The Bremen, 407 U.S. at 10 , 92 S.Ct. 1907 , where enforcement would “violate[ ] a strong public policy,” Mitsui & Co. (USA), Inc. v. Mira M/V, 111 F.3d 33, 35 (5th Cir.1997).
discussed Cited as authority (rule) In Re Atlantic Marine Construction Co. (2×)
5th Cir. · 2012 · confidence medium
See Lim v. Offshore Specialty Fabricators, Inc., 404 F.3d 898 (5th Cir. 2005) (arbitral forum); Mitsui & Co. (USA), Inc. v. Mira M/V, 111 F.3d 33, 37 (5th Cir. 1997) (foreign forum); Int’l Software Sys., Inc. v. Amplicon, Inc., 77 F.3d 112, 115 (5th Cir. 1996) (state forum).
discussed Cited as authority (rule) Bancroft Life & Casualty ICC, Ltd. v. FFD Resources II, LLC (2×)
S.D. Tex. · 2012 · confidence medium
Bremen, 407 U.S. at 12-13, 15, 18 , 92 S.Ct. 1907 ; Mitsui & Co. (USA), Inc. v. MIRA M/V, 111 F.3d 33, 35 (5th Cir.1997); Haynsworth, 121 F.3d at 963 .
discussed Cited as authority (rule) Young v. VALT. X HOLDINGS, INC.
Tex. App. · 2010 · confidence medium
Accordingly, the "Supreme Court has therefore instructed American courts to en- ' force [forum-selection] clauses in the interests of international comity and out of deference to the integrity and proficiency of foreign courts.” Mitsui & Co. (USA) v. Mira M/V, 111 F.3d 33, 35 (5th Cir.1997) (citing Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc., 473 U.S. 614, 629 , 105 S.Ct. 3346 , 87 L.Ed.2d 444 (1985)).
discussed Cited as authority (rule) James Young, Robert Worrall and Shannon Gustafson v. Valt.X Holdings, Inc. Dennis L. Meharchand and Brian Groh
Tex. App. · 2010 · confidence medium
Accordingly, the “Supreme Court has therefore instructed American courts to enforce [forum-selection] clauses in the interests of international comity and out of deference to the integrity and proficiency of foreign courts.” Mitsui & Co. (USA) v. Mira M/V, 111 F.3d 33, 35 (5th Cir. 1997) (citing Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc., 473 U.S. 614, 629 (1985)). 11 mandated that suits be brought in the courts and under the laws of another country.
discussed Cited as authority (rule) James Young, Robert Worrall and Shannon Gustafson v. Valt.X Holdings, Inc. Dennis L. Meharchand and Brian Groh
Tex. App. · 2010 · confidence medium
Accordingly, the "Supreme Court has therefore instructed American courts to enforce [forum-selection] clauses in the interests of international comity and out of deference to the integrity and proficiency of foreign courts." Mitsui & Co. (USA) v. Mira M/V , 111 F.3d 33, 35 (5th Cir. 1997) (citing Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc. , 473 U.S. 614, 629 (1985)).
discussed Cited as authority (rule) Celanese Acetate, LLC v. Lexcor, Ltd. (2×) also: Cited "see"
W.D.N.C. · 2009 · confidence medium
See, e.g., AAR Intern., Inc. v. Nimelias Enterprises S.A., 250 F.3d 510, 526 (7th Cir.2001) (holding that “the appellees’ forum non conveniens motion must fail unless they can demonstrate” unreasonableness under M/S Bremen v. Zapata Off-Shore Co., 407 U.S. 1, 15 , 92 S.Ct. 1907 , 32 L.Ed.2d 513 (1972) and its progeny); Mitsui & Co. (USA), Inc. v. Mira M/V, 111 F.3d 33, 37 (5th Cir.1997); Blanco v. Banco Indus, de Venezuela, S.A., 997 F.2d 974 , 979-80 (2d Cir.1993) (addressing forum non conveniens only because the forum-selection clause was permissive, not mandatory); Bank of America Cor…
discussed Cited as authority (rule) Salis v. American Export Lines
S.D.N.Y. · 2008 · confidence medium
In other words, “procedural impediments that make a plaintiffs recovery in a foreign forum more difficult to achieve do not constitute the lessening [of] liability sufficient under § 3(8) to invalidate a choice of law or choice of forum clause.” International Marine Underwriters CU v. M/V Kasif Kalkavan, 989 F.Supp. 498, 499 (S.D.N.Y.1998) (citing SKY REEFER, 515 U.S. at 534, 115 S.Ct. 2322 ; Mitsui & Co. v. Mira M/V, 111 F.3d 33, 36 (5th Cir.1997); 3 P.P.D.
discussed Cited as authority (rule) A.P. Moller-Maersk A/S v. Ocean Express Miami
S.D.N.Y. · 2008 · confidence medium
See All Pacific Trading, Inc. v. Vessel M/V HANJIN YOSU, 7 F.3d 1427, 1432 (9th Cir.1993) (“At the very least, Plaintiffs initiation of this suit constituted acceptance of the terms of the Hanjin bills of lading.”) cert. denied, 510 U.S. 1194 , 114 S.Ct. 1301 , 127 L.Ed.2d 653 (1994); Mitsui & Co. (USA), Inc. v. MIRA M/V, 111 F.3d 33, 36 (5th Cir.1997) (“the district court did not err in determining that, by filing a lawsuit for damages under the bill of lading, [the shipper] has accepted the terms of the bill of lading, including the unnegotiated forum selection clause”); F.D.
discussed Cited as authority (rule) ESI Companies, Inc. v. Ray Bell Construction Company, Inc.
Tenn. Ct. App. · 2008 · confidence medium
See, e.g., Accredo Health Inc. v. Patterson, No. W2006-02693-COA-R3-CV, 2007 WL 2198574 , at *3 (Tenn. Ct. App. Aug. 1, 2007) (“Although the provisions certainly provide that the agreements are to be construed in accordance with Tennessee law, they are not forum selection clauses.”); Mitsui & Co. (USA), Inc. v. Mira M/V, 111 F.3d 33, 37 (5th Cir. (La.) 1997) (finding no inconsistency between a choice of law clause requiring application of American law and a forum selection clause requiring disputes to be determined by a London court).
discussed Cited as authority (rule) Trafigura Beheer B v. v. M/T Probo Elk
5th Cir. · 2007 · confidence medium
Forum selection clauses are presumptively enforceable under federal law in the “interests of international comity and out of deference to the *311 integrity and proficiency of foreign courts.” Haynsworth v. The Corporation, 121 F.3d 956, 962 (5th Cir.1997) (quoting Mitsui & Co. (U.S.A.), Inc. v. MIRA M/V, 111 F.3d 33, 35 (5th Cir.1997)). 2 Trafigura claims that the LOU superseded the charter party’s forum selection clause because the defendants agreed to appear as claimants and pay a judgment of up to $775,000 if ordered.
cited Cited as authority (rule) Lim v. Offshore Specialty Fabricators, Inc.
5th Cir. · 2005 · confidence medium
Mitsui & Co. (USA), Inc. v. MIRA M/V, 111 F.3d 33, 37 (5th Cir.1997).
discussed Cited as authority (rule) Titan Indemnity Co. v. Hood (2×)
Miss. · 2004 · confidence medium
See Lambert v. Kysar, 983 F.2d 1110, 1112 (1st Cir.1993); Instrumentation Assocs., Inc. v. Madsen Electronics (Canada) Ltd., 859 F.2d 4 , 5 (3d Cir.1988); Mitsui & Co. (USA), Inc. v. Mira M/V, 111 F.3d 33, 35 (5th Cir.1997); Hugel v. Corp. of Lloyd's, 999 F.2d 206, 207 (7th Cir.1993); Riley v. Kingsley Underwriting Agencies, Ltd., 969 F.2d 953, 956 (10th Cir.), cert. denied, 506 U.S. 1021 , 113 S.Ct. 658 , 121 L.Ed.2d 584 (1992); Lipcon v. Underwriters at Lloyd's, London, 148 F.3d 1285 , 1290-91 (11th Cir.1998), cert. denied, 525 U.S. 1093 , 119 S.Ct. 851 , 142 L.Ed.2d 704 (1999); Bennett v. A…
discussed Cited as authority (rule) El Pollo Loco, S.A. De C v. v. El Pollo Loco, Inc.
S.D. Tex. · 2004 · confidence medium
The Supreme Court has consistently held that forum selection and choice of law clauses are presumptively valid, and has “instructed American courts to enforce such clauses in the interests of international comity and out of deference to the integrity and proficiency of foreign courts.” Mitsui & Co. (USA) v. Mira M/V, 111 F.3d 33, 35 (5th Cir.1997).
discussed Cited as authority (rule) Foster Wheeler Energy Corp. v. an Ning Jiang MV
5th Cir. · 2004 · confidence medium
In defense of this ruling, IMC argues — as it did before the district court — that forum selection and choice-of-law clauses in international contracts must be enforced absent a showing by the opponent that the clause is the product of fraud or overreaching or is otherwise unreasonable under the circumstances, primarily relying upon M/S Bremen v. Zapata Off-Shore, 407 U.S. 1, 10 , 92 S.Ct. 1907 , 32 L.Ed.2d 513 (1972), Vimar Seguros y Reaseguros v. M/V SKY REEFER, 515 U.S. 528, 541 , 115 S.Ct. 2322 , 132 L.Ed.2d 462 (1995), Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585, 595 , 111 S.Ct…
discussed Cited as authority (rule) Ana Distribution, Inc. v. CMA-CGM (AMERICA) INC.
S.D.N.Y. · 2004 · confidence medium
The caselaw is clear, however, that where, as here, a consignee brings an action of this kind, not against its vendor but against the vendor’s carrier, arguing in effect that the consignee is a third party beneficiary of the contract between the vendor and the carrier, the consignee is bound by all the terms of the contract on which it sues. 1 See, e.g., Mitsui & Co. (USA) Inc. v. Mira M/V, 111 F.3d 33, 36 (5th Cir.1997)(“by filing a lawsuit for damages under the bill of lading, Mitsui has accepted the terms of the bill of lading, including the unnegotiated forum selection clause”); Farr…
discussed Cited as authority (rule) Paradise Enterprises Ltd. v. Sapir
N.J. Super. Ct. App. Div. · 2002 · confidence medium
S.A., 250 F. 3d 510, 525-26 (7th Cir.2001) (holding that forum selection analysis controlled analysis of defendant's forum non conveniens motion), cert. denied sub nom, Vancances Heliades S.A. v. AAR Int'l Inc., ___ U.S. ___, 122 S.Ct. 463 , 151 L.Ed. 2d 380 (2001); Evolution Online Sys., Inc. v. Koninklijke PTT Nederland N.V., 145 F. 3d 505 , 509-10 (2nd Cir.1998) (suggesting that district court should first apply Bremen standards to determine whether forum selection clause was enforceable and should only reach defendant's motion to dismiss on forum non conveniens grounds if it found that par…
discussed Cited as authority (rule) De Joseph v. Odfjell Tankers (USA), Inc. (2×) also: Cited "see"
S.D. Tex. · 2002 · confidence medium
Mar.29, 2002) (Kent, J.); MacPhail v. Oceaneering Int'l, Inc., 170 F.Supp.2d 718, 721 (S.D.Tex.2001) (Kent, J.) (both observing that although the Fifth Circuit has not conclusively established that Rule 12(b)(3) is the precise procedural rule governing a • motion to dismiss based upon the enforcement of a forum selection clause, the Fifth Circuit’s holding in Mitsui & Co. (USA), Inc. v. M/V MIRA, 111 F.3d 33, 37 (5th Cir.1997), implies such a view). 3 *479 Rule 12(b)(3) permits a defendant to move for dismissal of an action on the basis of improper venue.
discussed Cited as authority (rule) Galapagos Corporacion Turistica \Galatours\" (2×) also: Cited "see, e.g."
unknown court · 2001 · confidence medium
Marinechance Shipping, Ltd. v. Sebastian, 143 F.3d 216, 220 (5th Cir.1998); Mitsui & Co. (USA), Inc. v. MIRA M/V, 111 F.3d 33, 35 (5th Cir.1997); Francisco v. M/T STOLT ACHIEVEMENT, No. Civ.
discussed Cited as authority (rule) ACEquip Ltd. v. Am. Eng'g Corp.
D. Conn. · 2001 · confidence medium
“Increased cost and inconvenience are insufficient reasons to invalidate foreign forum-selection or arbitration clauses.” Mitsui & Co. (USA), Inc. v. Mira M/V, 111 F.3d 33, 37 (5th Cir.1997); accord Northwestern Nat’l Ins.
discussed Cited as authority (rule) Linea Naviera De Cabotaje, C.A. v. Mar Caribe De Navegacion, C.A.
M.D. Fla. · 2001 · confidence medium
Moreover, not only has sky reefer effectively eroded any precedential value of Great Prize, the Fifth Circuit has apparently retreated from Great Prize in Mitsui & Co. (USA), Inc. v. Mira M/V, 111 F.3d 33, 37 (5th Cir.1997) where, noting the international character of the parties and the transaction, the court, without mention of Great Prize, upheld the district court’s enforcement of a foreign forum-selection clause, 9 reasoning “[/Increased cost and inconvenience are insufficient reasons to invalidate forum-selection or arbitration clauses,” citing SKY REEFER (emphasis supplied).
discussed Cited as authority (rule) Aar International, Incorporated v. Nimelias Enterprises S.A., Vacances Heliades S.A. And Princess Airlines S.A.
7th Cir. · 2001 · signal: cf. · confidence medium
See Evolution Online Sys., Inc. v. Koninklijke PTT Nederland N.V., 145 F.3d 505 , 509-10 (2d Cir.1998) (suggesting that a district court should first apply the Bremen standards to determine whether the forum selection clause was enforceable, and should only reach the defendant’s motion to dismiss on forum non conve-niens grounds if it finds that the parties did not form a contract containing a forum selection clause); Cf. Mitsui & Co. (USA), Inc. v. Mira M/V, 111 F.3d 33, 37 (5th Cir.1997) (rejecting appellant’s challenge to the enforcement of a mandatory forum selection clause for reasons…
discussed Cited as authority (rule) AAR Int'l Inc v. Nimelias Enterprises
7th Cir. · 2001 · signal: cf. · confidence medium
See Evolution Online Sys., Inc. v. Koninklijke PTT Nederland N.V., 145 F.3d 505 , 509-10 (2d Cir. 1998) (suggesting that a district court should first apply the Bremen standards to determine whether the forum selection clause was enforceable, and should only reach the defendant’s motion to dismiss on forum non conveniens grounds if it finds that the parties did not form a contract containing a forum selection clause); Cf. Mitsui & Co. (USA), Inc. v. Mira M/V, 111 F.3d 33, 37 (5th Cir. 1997) (rejecting appellant’s challenge to the enforcement of a mandatory forum selection clause for reason…
discussed Cited as authority (rule) Titan Indemnity Company v. Carroll v. Hood (2×)
Miss. · 2001 · confidence medium
See Lambert v. Kysar, 983 F.2d 1110, 1112 (1st Cir.1993); Instrumentation Assocs., Inc. v. Madsen Electronics (Canada) Ltd., 859 F.2d 4 , 5 (3d Cir.1988); Mitsui & Co. (USA), Inc. v. Mira M/V, 111 F.3d 33, 35 (5th Cir. 10 1997); Hugel v. Corp. of Lloyd's, 999 F.2d 206, 207 (7th Cir.1993); Riley v. Kingsley Underwriting Agencies, Ltd., 969 F.2d 953, 956 (10th Cir.), cert. denied, 506 U.S. 1021 , 113 S.Ct. 658 , 121 L.Ed.2d 584 (1992); Lipcon v. Underwriters at Lloyd's, London, 148 F.3d 1285 , 1290-91 (11th Cir.1998), cert. denied, 525 U.S. 1093 , 119 S.Ct. 851 , 142 L.Ed.2d 704 (1999); Bennett …
discussed Cited as authority (rule) Hartash Construction v. Drury Inns Inc (2×) also: Cited "see, e.g."
5th Cir. · 2001 · confidence medium
Haynsworth v. The Corp., 121 F.3d 956, 963 (5th Cir. 1997) (citing Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585, 595 (1991), and The Bremen, 407 U.S. at 12-13 ); see also Afram Carriers, Inc. v. Moeykens, 145 F.3d 298, 301 (5th Cir. 1998) (stating that the clause itself must “result[] from fraud or overreaching, . . . violate[] a strong public policy, or . . . deprive[] the plaintiff of his day in court.”), cert. denied, 525 U.S. 1141 (1999); Mitsui & Co. v. Mira M/V, 111 F.3d 33, 35 (5th Cir. 1997).
discussed Cited as authority (rule) Barnett v. Network Solutions, Inc.
Tex. App. · 2001 · confidence medium
Carnival Cruise Lines, Inc. v. Shute, supra; Bremen v. Zapata Off-Shore Co., 407 U.S. 1, 10 , 92 S.Ct. 1907 , 32 L.Ed.2d 513 (1972); Mitsui & Co. (USA), Inc. v. Mira M/V, 111 F.3d 33, 35 (5th Cir.1997).
discussed Cited as authority (rule) Rimes v. Curb Records, Inc.
N.D. Tex. · 2001 · confidence medium
She does not allege fraud or duress; she clearly has the means to litigate in Tennessee, and she neither raises any novel points of Tennessee law that disfavor her, nor points to a specific Texas public policy that will suffer at the hands of the Tennessee federal court. 17 .Mitsui & Co. Inc. v. Mira M/V. 111 F.3d 33, 35 (5th Cir.1997)("The Supreme Court has consistently held forum selection clauses presumptively valid... the burden of proving unreasonableness [in a forum selection clause] is a heavy one.”) Simply, Ms. Rimes has not met her burden of proof that this forum selection clause wa…
discussed Cited as authority (rule) Mateco, Inc. v. M/V ELLI
D.P.R. · 2000 · confidence medium
“The burden of proving unreasonableness is a heavy one, carried only by a showing that the clause results from fraud or overreaching, that it violates a strong public policy, or that enforcement of the clause deprives the plaintiff of his day in court.” Mitsui & Co. (USA), Inc. v. Mira M/V, 111 F.3d 33, 35 (5th Cir.1997) (citing The Bremen, 407 U.S. at 12-18 , 92 S.Ct. 1907 ).
discussed Cited as authority (rule) Walker v. Carnival Cruise Lines
N.D. Cal. · 2000 · confidence medium
Restaurants, Inc. v. CKE Restaurants, Inc., 183 F.3d 750, 752 (8th Cir.1999); Lipcon v. Undenmiters at Lloyd’s, London, 148 F.3d 1285 , 1292 (11th Cir.1998); Mitsui & Co. v. Mira M/V, 111 F.3d 33, 35 (5th Cir.1997).
discussed Cited as authority (rule) Ventura Maritime Co., Ltd. v. ADM Export Co.
E.D. La. · 1999 · confidence medium
Mitsui & Co. (U.S.A.), Inc. v. MIRA M/V, 111 F.3d 33, 36 (5th Cir.1997) (in filing lawsuit for cargo damages under bill of lading, owner of cargo accepted terms of bill of'lading, including non-negotiated forum selection clause).
discussed Cited as authority (rule) Jewel Seafoods Ltd. v. M/V PEACE RIVER
D.S.C. · 1999 · confidence medium
DSR Atlantic, 131 F.3d 1336, 1339 (9th Cir.1997); Mitsui & Co. (USA), Inc. v. MIRA M/V, 111 F.3d 33, 36 (5th Cir.1997); Union Steel America Co. v. M/V Sanko Spruce, 14 F.Supp.2d 682, 691 (D.N.J.1998); International Marine Underwriters v. M/V Kasif Kalkavan, 989 F.Supp. 498, 499 (S.D.N.Y.1998); Great American Ins.
Retrieving the full opinion text from the archive…
Mitsubishi Motors Corp
v.
Soler Chrysler-Plymouth, Inc., 473 U.S. 614, 629 , 105 S.Ct. 3346, 3355 , 87 L.Ed.2d 444 (1985). The presumption of validi
PER CURIAM:

Appellant, Mitsui & Company (USA), Inc. (“Mitsui”), appeals dismissal of its cargo damage claim against Euro-Baltic Lines, Inc. (“Euro”). The district court correctly enforced the forum-selection clause in the bill of lading covering the shipment. We affirm.

FACTS:

Mitsui’s cargo of steel was damaged in transit from Russia to New Orleans aboard the M/V MIRA, chartered by Euro. The cargo was carried pursuant to a bill of lading which Mitsui received after the cargo was loaded, not having negotiated the terms contained therein. The bill of lading contained both a forum-selection clause, providing that[*35] all disputes be adjudicated in London, England, and a choice-of-law provision, stating that if the bill of lading covered the transportation of goods to or from the United States, the Carriage of Goods by Sea Act (“COGSA”) would control.

Mitsui sued Euro and the MTV MIRA for the damage to its cargo. Mitsui later amended its suit to name two additional defendants, Atlantic Arcturus, Inc., and Reed-erei Horst Zeppenfeld GmbH & Co., KH, the owners and managers of the MIRA.

Euro moved to dismiss on the basis of the forum-selection clause in the bill of lading. The district court granted the motion, dismissed Mitsui’s lawsuit, and entered judgment in favor of Euro, determining that the forum-selection clause was enforceable pursuant to recent Supreme Court precedent. On Mitsui’s motion, the district court subsequently vacated its judgment and once again dismissed Mitsui’s claim against Euro. The court further provided Mitsui with one hundred and twenty days after final judgment within which to file suit in London, and certified the appeal under Rule 54(b). [1] Mitsui appealed.

DISCUSSION:

We agree with those circuits that have addressed the issue that the enforceability of a forum-selection or arbitration clause is a question of law which is reviewed de novo. See, e.g., Shell v. R.W. Sturge, Ltd., 55 F.3d 1227, 1229 (6th Cir.1995); Hugel v. Corp. of Lloyd’s, 999 F.2d 206, 207 (7th Cir.1993); Riley v. Kingsley Underwriting Agencies, Ltd., 969 F.2d 953, 956 (10th Cir.1992). The Supreme Court has consistently held forum-selection and choice-of-law clauses presumptively valid. Vimar Seguros y Reaseguros, S.A. v. M/V SKY REEFER, — U.S. -, -, 115 S.Ct. 2322, 2329, 132 L.Ed.2d 462 (1995) (foreign arbitration clause); Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585, 595, 111 S.Ct. 1522, 1528, 113 L.Ed.2d 622 (1991); M/S BREMEN v. Zapata Off-Shore Co., 407 U.S. 1, 15, 92 S.Ct. 1907, 1916, 32 L.Ed.2d 513 (1972); see also Kevlin Serv., Inc. v. Lexington State Bank, 46 F.3d 13, 15 (5th Cir.1995). The Court in BREMEN articulated the policy underlying the presumptive validity of these clauses:

The expansion of American business and industry will hardly be encouraged if, notwithstanding solemn contracts, we insist on a parochial concept that all disputes must be resolved under our laws and in our courts---- We cannot have trade and commerce in world markets and international waters exclusively on our terms, governed by our laws, and resolved in our courts.

407 U.S. at 9, 92 S.Ct. at 1913. The Supreme Court has therefore instructed American courts to enforce such clauses in the interests of international comity and out of deference to the integrity and proficiency of foreign courts. Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc., 473 U.S. 614, 629, 105 S.Ct. 3346, 3355, 87 L.Ed.2d 444 (1985).

The presumption of validity may be overcome, however, by a showing that the clause is “unreasonable under the circumstances.” BREMEN, 407 U.S. at 10, 92 S.Ct. at 1913. The burden of proving unreasonableness is a heavy one, carried only by a showing that the clause results from fraud or overreaching, that it violates a strong public policy, or that enforcement of the clause deprives the plaintiff of his day in court. Id. at 12-13, 15, 18, 92 S.Ct. at 1914-15, 1916, 1917-18.

Mitsui seeks to overcome the presumption of validity and to have the foreign forum-selection clause in the bill of lading invalidated by arguing that: (1) the clause contravenes § 3(8) of the COGSA; (2) the bill of lading is a contract of adhesion and the clause should not be enforced because it was not freely negotiated; and (3) the doctrine of forum non conveniens dictates the matter be tried in the forum where the cargo was discharged because to be forced to try the matter in England would effectively extinguish Mitsui’s claim. These are essentially the same arguments raised by the appellant[*36] and ultimately rejected by the Supreme Court in SKY REEFER. See — U.S. at -, 115 S.Ct. at 2324.

Mitsui correctly points out that, before SKY REEFER, federal courts without exception invalidated foreign forum-selection clauses under § 3(8) of COGSA. [2] See, e.g., Conklin & Garrett, Ltd. v. M/V FINNROSE, 826 F.2d 1441 (5th Cir.1987). The leading case for invalidation was Indussa Corp. v. S.S. RANBORG, which held a foreign forum-selection clause invalid under COGSA because litigating in a foreign forum put a “high hurdle” in the way of enforcing liability against shipowners or carriers via increased inconvenience and cost and, therefore, effectively lessened liability within the meaning of § 3(8). 377 F.2d 200, 203 (2nd Cir.1967) (en banc). Mitsui relies heavily on Indussa and its progeny.

Both Indussa’s rationale and holding were, however, rejected by the Supreme Court in SKY REEFER, which specifically held that foreign arbitration clauses are valid under § 3(8). — U.S. at -, 115 S.Ct. at 2326-27 (“[W]e cannot endorse the reasoning or the conclusion of the Indussa rule itself’). The Court agreed that § 3 of COGSA established clear duties which could not be abrogated by contract, i.e., liability which could not be lessened, but distinguished these from the mechanisms for enforcement of those duties. Id. at-, 115 S.Ct. at 2327. It therefore concluded that, because the clause at issue concerned only the means of enforcing the carrier liability, the clause was enforceable. Id. A foreign arbitration clause involves not a question of liability but of where it will be enforced and, as such, is valid under COGSA. Id.

Mitsui seeks to escape the application of SKY REEFER by arguing that its holding should be restricted to foreign arbitration clauses only, not to foreign forum-selection clauses. However, “foreign arbitration clauses are but a subset of foreign forum selection clauses in general.... ” SKY REEFER, — U.S. at -, 115 S.Ct. at 2326; Scherk v. Alberto-Culver Co., 417 U.S. 506, 519, 94 S.Ct. 2449, 2457, 41 L.Ed.2d 270 (1974). The SKY REEFER Court did not restrict its holding to arbitration clauses only, as the majority opinion makes clear: “nothing in [§ 3(8)] suggests that the statute prevents the parties from agreeing to enforce [the obligations imposed by COGSA] in a particular forum.” SKY REEFER, — U.S. at -, 115 S.Ct. at 2327. (emphasis added). Even Justice Stevens acknowledged in his dissent:

Of course, the objectionable feature in the instant bill of lading is a foreign arbitration clause, not a foreign forum selection clause. But this distinction is of little importance; in relevant aspects, there is little difference between the two.... The majority’s reasoning ... thus presumably covers forum selection clauses as well as arbitration.

SKY REEFER, — U.S. at - n. 7, 115 S.Ct. at 2334 n. 7 (Stevens, J., dissenting). Thus, Mitsui’s attempt to distinguish SKY REEFER must fail. [3]

Mitsui next argues that the bill of lading is a contract of adhesion which it did not negotiate and which therefore should not bind it. In response, Euro points out that the forum-selection provision is not uncommon in bills of lading, and thus should have been anticipated by Mitsui, a sophisticated international shipper/consignee well-versed in this type of transaction. Irrespective of this fact, the district court did not err in determining that, by filing a lawsuit for damages under the bill of lading, Mitsui has accepted the terms of the bill of lading, including the unnegotiated forum selection clause. All Pac. Trading, Inc. v. M/V HAN-JIN YOSU, 7 F.3d 1427, 1432 (9th Cir.1993), cert. denied, 510 U.S. 1194, 114 S.Ct. 1301, 127 L.Ed.2d 653 (1994); Kanematsu Corp. v. M/V GRETCHEN W, 897 F.Supp. 1314, 1317[*37] (D.Or.1995). Accordingly, Mitsui is bound by the bill of lading.

Mitsui additionally contends that the forum-selection clause is inconsistent with the choice-of-law clause providing for the application of COGSA for goods traveling to U.S. ports. In essence, Mitsui argues it is illogical to require foreign courts to apply American law, so the clauses read together must actually mean disputes arising in American ports will be adjudicated in American courts applying COGSA, and foreign trade will be adjudicated in English courts under English law. Id.

There is no inconsistency in these provisions. As the district court concluded, the two clauses are not mutually exclusive: “if the bill of lading does require that COGSA be applied to this dispute, such an agreement is not inconsistent with the requirement that this dispute be determined by the High Court in London.” [4] (internal quotations omitted).

At bottom, Mitsui’s argument is based on the principle of forum non conve-niens. It maintains that the relevant information and witnesses are located almost exclusively in the United States hence litigation in England will be so inconvenient and costly that Mitsui’s claim would effectively be extinguished by enforcement of the clause and it should therefore be invalidated on public policy grounds.

As the district court noted, this case does not involve a local dispute between two American corporations. Rather, both parties are international corporations involved in the global transportation of goods. Id. The international character of the parties and the transaction prohibits American parochialism. See BREMEN, 407 U.S. at 9, 92 S.Ct. at 1912-13. Increased cost and inconvenience are insufficient reasons to invalidate foreign forum-selection or arbitration clauses. See, e.g., SKY REEFER, — U.S. at - - -, 115 S.Ct. at 2327-28; Carnival Cruise Lines, 499 U.S. at 603, 111 S.Ct. at 1532. Consequently, the district court did not err in enforcing the foreign forum-selection clause and dismissing Mitsui’s claim against Euro.

AFFIRMED.

1

. The court then ordered that Mitsui's case against the remaining defendants be administratively closed pending the outcome of this appeal.

2

. That provision states that any contractual provision which seeks to limit a shipowner's or carrier’s liability for damage or loss to goods caused by negligence or fault is void. 46 U.S.C. app. § 1303(8).

3

. Euro similarly points out that, because the In-dussa rule which was disavowed by the SKY REEFER Court involved a foreign forum-selection clause rather than an arbitration clause, the Court’s decision implicitly applies to forum-selection clauses as well.

4

. As an extension of this argument, Mitsui urges that the SKY REEFER Court held as it did only because it retained jurisdiction over review of the foreign arbitrator's decision. Mitsui misreads SKY REEFER. In that case, the petitioner sought invalidation of a forum arbitration clause partially because there was no guarantee that the Japanese arbitrator would apply COGSA. There was therefore the risk that the application of Japanese law would "lessen liability” in contravention of the dictates of COGSA § 3(8). - U.S. at---115 S.Ct. at 2329-30. In the instant case, there is no such risk since the parties have contractually agreed COGSA will apply to the merits of Mitsui’s claim.