Tulane Law School  Tulane Maritime Law Journal Tulane Law School
John Giffen Weinmann Hall 6329 Freret Street New Orleans,
Louisiana 70118 (p) 504.865.5959 (f) 504.862.8878  Tulane
Maritime Law Journal   In a 6-3 decision handed down on June 21,
2010, the Supreme Court overturned a Ninth Circuit ruling and
declared that the Carmack Amendment does not apply to a shipment
that originates overseas and travels under a single through bill
of lading. Therefore, the forum selection clause in the bill of
lading, which obliged the parties to litigate disputes in Tokyo,
was binding.  The case, Kawasaki Kisen Kaisha Ltd. v. Regal-
Beloit Corp., No. 08-1553 (June 21, 2010) arose out of a
carriage of goods agreement that originated in China and was to
terminate at inland destinations in the United States. The bills
of lading required “K” Line to arrange delivery of the goods by
any method of transportation it chose, and included a “Himalaya
Clause,” extending the bills’ defenses and liabilities to
parties subcontracted to