Case law · Highest court · Federal

The Bremen v. Zapata Off-Shore Co.

Decided
June 12, 1972
Docket
71-322
Status
Published
Jurisdiction
Federal

Cited 3,455 timesOverruled in part on other grounds (not yet verified)Possible negative treatment: overruled in part on other grounds, superseded by statute, overruled on other grounds, overruled in part (not yet verified) · YES TO, LTD. v. Hur

What later courts said

  • holding that forum selection clauses contained in international arms-length contracts are considered to be prima facie valid — K & v Scientific Co. v. Bayerische Motoren Werke Aktiengesellschaft ("BMW") (2002)
  • holding that courts should enforce a choice-of-law clause when it is part of a "freely negotiated private international agreement" — No. 02-1058 (2003)
  • holding that courts should “give effect to the legitimate expectations of the parties, manifested in their freely negotiated agreement,” by specifically enforcing forum selection clauses — Martinez v. Bloomberg LP (2012)

Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.

How the opinion begins

Mr. Chief Justice Burger delivered the opinion of the Court.

We granted certiorari to review a judgment of the United States Court of Appeals for the Fifth Circuit declining to enforce a forum-selection clause governing disputes arising under an international towage contract between petitioners and respondent. The circuits have differed in their approach to such clauses.[1] For the reasons stated hereafter, we vacate the judgment of the Court of Appeals.

In November 1967, respondent Zapata, a Houston-based American corporation, contracted with petitioner Unterweser, a German corporation, to tow Zapata's ocean-going, self-elevating drilling rig Chaparral from Louisiana to a point off Ravenna, Italy, in the Adriatic Sea, where Zapata had agreed to drill certain wells.

Statutes cited

  • 46 U.S.C. § 183
  • 46 U.S.C. § 1303

Cite this

The Bremen v. Zapata Off-Shore Co., 407 U.S. 1 (1972)

Read the full opinion

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