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The Bremen v. Zapata Off-Shore Co., 407 U.S. 1 (1972)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
The Bremen v. Zapata Off-Shore Co., 407 U.S. 1 (1972)
The Bremen v. Zapata Off-Shore Co. No. 71-322 Argued March 21, 1972 Decided June 12, 1972 407 U.S. 1
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
Syllabus
Petitioner Unterweser made an agreement to tow respondent’s drilling rig from Louisiana to Italy. The contract contained a forum-selection clause providing for the litigation of any dispute in the High Court of Justice in London. When the rig under tow was damaged in a storm, respondent instructed Unterweser to tow the rig to Tampa, the nearest port of refuge. There, respondent brought suit in admiralty against petitioners. Unterweser invoked the forum clause in moving for dismissal for want of jurisdiction and brought suit in the English court, which ruled that it had jurisdiction under the contractual forum provision. The District Court, relying on Carbon Black Export, Inc. v. The Monrosa, 254 F. 2d 297, held the forum-selection clause unenforceable, and refused to decline jurisdiction on the basis of forum non conveniens. The Court of Appeals affirmed.
Held: The forum-selection clause, which was a vital part of the towing contract, is binding on the parties unless respondent can meet the heavy burden of showing that its enforcement would be unreasonable, unfair, or unjust. Pp. 8-20
428 F. 2d 888 and 446 F. 2d 907, vacated and remanded.
BURGER, C. J., delivered the opinion of the Court, in which BRENNAN, STEWART, WHITE, MARSHALL, BLACKMUN, POWELL, and REHNQUIST, JJ., joined. WHITE, J., filed a concurring statement, post, p. 20. DOUGLAS, J., filed a dissenting opinion, post, p. 20.
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Chicago: U.S. Supreme Court, "Syllabus," The Bremen v. Zapata Off-Shore Co., 407 U.S. 1 (1972) in 407 U.S. 1 407 U.S. 2. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=343QMY9GY378ASD.
MLA: U.S. Supreme Court. "Syllabus." The Bremen v. Zapata Off-Shore Co., 407 U.S. 1 (1972), in 407 U.S. 1, page 407 U.S. 2. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=343QMY9GY378ASD.
Harvard: U.S. Supreme Court, 'Syllabus' in The Bremen v. Zapata Off-Shore Co., 407 U.S. 1 (1972). cited in 1972, 407 U.S. 1, pp.407 U.S. 2. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=343QMY9GY378ASD.
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