Regal-Beloit Corp. v. Kawasaki Kisen Kaisha, Ltd.

ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS PURSUANT TO THE TOKYO DISTRICT COURT FORUM SELECTION CLAUSE IN THE BILL OF LADING

I. INTRODUCTION

By this motion Defendants seek to dismiss this action pursuant to the Tokyo District Court forum selection clause in the K-Line Bills of Lading.

II. FACTS

During March and April of 2005, Defendants Kawasaki Kisen Kaisha, Ltd. (“Kawasaki”) and “K” Line America, Inc. (“K-Line”) accepted cargo shipments from Plaintiffs, to be carried from Shanghai, China to various delivery points within the United States via the Port of Long Beach. (See Declaration of Jian Jia Ying (“Ying Deck”) ¶¶ 4, 8; Declaration of Thomas Kwok (“Kwok Deck”) ¶ 5; Declaration of Hua Gui Xing (“Xing Deck”) ¶4, 5.) The shipments were undertaken pursuant to contractual agreements between Defendants and each of the Plaintiffs, which were memorialized in Bills of Lading.

The Bills of Lading include the following relevant provisions:

Clause 1 (Definitions & Tariff)

Clause 2 (Governing Law and Jurisdiction)

Clause 5 (Sub-Contracting: Exemptions, Immunities, Limitations, etc. of Participant(s))

(Declaration of Alan Nakazawa (“Nakaza-wa Deck”), Ex. A at A-5.)

Plaintiffs…