An Examination and Consideration of : Jurisdiction and Forum Selection in International Maritime Law: Essays in Honor of Robert Force

In 2005, a collection of essays on jurisdiction and forum selection in cases governed by shipping law was edited by Martin Davies and published in honor of his Tulane University colleague, Robert Force. In this article, Jonathan Gutoff of Roger Williams University responds to the essays. William Tetley wrote about jurisdiction in cases involving carriage of goods by sea and application in such cases of the doctrine of forum non conveniens. Davies and Force wrote together inviting US courts to temper with attention to equity their willingness to enforce a forum selection clause against cargo interests. John Hare writes of the opportunity for forum shopping with respect to limitation and security that follows from rigid enforcement of forum selection clauses. Nigel Meeson compares the reactions of common law and civil jurisdictions to the anti-suit injunction and about the problems in English law when third parties are involved. Alexander von Ziegler also focus on the problem of third parties not privy to the contract in which a forum is dictated and how that problem is affected by the various international conventions governing ocean commerce. Hannu Honka lays out the law of the EU pertaining to loss or damage to marine cargo and presents the contemporary mosaic in lieu of uniformity. Paul Myburgh writes about the problem of personal jurisdiction and its solutions in jurisdictions where the ship is not personified. Hilton Staniland describes the South African rule of lex fori for the enforcement of liens, and advocates instead a rule of lex causae. Peter Murray describes the emerging system in China, where its late arrival has allowed it the benefit of lessons learned in senior jurisdictions