Question

Case Summary 3.2: Jurisdiction: Forum Selection: M/S Bremen v. Zapata Off-Shore Co. [P. 102]Question

1:Does the court in Tampa have jurisdiction over Unterweser? Why or why not?I do not think that the court in Tampa has the jurisdiction over Unterweser. This is because it is clear in the case that ANY disputes need to be litigated in the International Commercial Court in London. This is known as a forum selection clause, that is, a contractual agreement that states thelocation of any legal disputes between the two parties.

Question 2:Will the forum selection clause be enforced? Why or why not? The forum selection clause will be enforced because Zapata had gone over the contract and madeother changes, therefore, has read the contract well, and clearly knew about the forum selection clause. After that, the company signed the contract. Therefore, although the rig ended up in the U.S., due to the clause in the signed contract, the dispute must be handled in London.

Answer 1