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VIMAR SEGUROS y REASEGUROS, S. A. v. M/V SKY REEFER

No. 94-623.

515 U.S. 528 (1995)

115 S.Ct. 2322

132 L.Ed.2d 462

VIMAR SEGUROS y REASEGUROS, S. A. v. M/V SKY REEFER et al.

Supreme Court of United States.

Decided June 19, 1995.

Attorney(s) appearing for the Case

Stanley McDermott III argued the cause for petitioner. With him on the briefs was Lawrence S. Robbins.

Thomas H. Walsh, Jr., argued the cause for respondents. With him on the brief was John J. Finn.*

Kennedy, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Scalia, Souter, Thomas, and Ginsburg, JJ., joined. O'Connor, J., filed an opinion concurring in the judgment, p. 541. Stevens, J., filed a dissenting opinion, p. 542. Breyer, J., took no part in the consideration or decision of the case.

Justice Kennedy, delivered the opinion of the Court.

This case requires us to interpret the Carriage of Goods by Sea Act (COGSA), 46 U. S. C. App. § 1300 et seq., as it relates to a contract containing a clause requiring arbitration in a foreign country. The question is whether a foreign arbitration clause in a bill of lading is invalid under COGSA because it lessens liability in the sense that COGSA prohibits. Our holding that COGSA does not forbid selection...

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