Liberty Woods International, Inc. v. Motor Vessel Ocean Quartz

(United States Third Circuit) – Affirming the dismissal of an in rem suit filed against a ship for cargo damage sustained in transit because liability for the damage was covered by the carrier’s bill of lading, which included a forum selection clause requiring suit be brought in South Korea because although South Korean courts would not allow an in rem suit, the plaintiff could have brought an in personam suit and chose not to do so for strategic reasons and the foreign forum selection clause did not violate the Carriage of Goods by Sea Act.