TEXACO PETROLEUM CO. ET AL.
v.
PHOENIX CANADA OIL CO. LTD.

U.S. | 1988-10-17
No. 88-153
488 U.S. 916 Supreme Court of the United States (1988) Positive Treatment
Cited by 3 cases

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  • …[*549] (1953). Accordingly, courts have always held that such clauses “lessen” or “relieve” the carrier’s liability, see, e. g., State Establishment for Agricultural Product Trading v. M/V Wesermunde, 838 F. 2d 1576, 1580-1582 (CA11), cert. denied, 488 U. S. 916 (1988), and even the Court of Appeals in this case assumed as much, 29 F. 3d 727, 730, 732, n. 5 (CAI 1994).9 Yet this Court today holds that carriers may insert foreign-arbitration clauses into bills of lading, and it leaves in doubt the validity o…
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  • …stituted a lawsuit against the vessel, the various corporations that managed the vessel and cargo, and the defendants’ liability underwriter. State Establishment for Agric. Prod. Trading v. M/V Wesermunde, 838 F. 2d 1576 (11th Cir.), cert. denied, 488 U.S. 916, 109 S.Ct. 273, 102 L.Ed.2d 262 (1988). Upon the defendants’ motion to have the dispute referred to arbitration, the district court stayed the proceedings. Id. at 1579. State Establishment refused to arbitrate, and the district court dismissed th…

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