Business Law 12th Edition by Roger LeRoy Miller ,Frank Cross

تمرين 9

Third Party Beneficiary Acciai Speciali Terni USA, Inc. (AST), hired a carrier to ship steel sheets and coils from Italy to the United States on the M/V Berane. The ship's receipt for the goods included a forum-selection clause, which stated that any dispute would be "decided in the country where the carrier has his principal place of business." The receipt also contained a "Himalaya" clause, which extended "every right, exemption from liability, defense and immunity" that the carrier enjoyed to those acting on the carrier's behalf. Transcom Terminals, Ltd., was the U.S. stevedore-that is, Transcom off-loaded the vessel and stored the cargo for eventual delivery to AST. Finding the cargo damaged, AST filed a suit in a federal district court against Transcom and others, charging, among other things, negligence in the off-loading. Transcom filed a motion to dismiss on the basis of the forum-selection clause. Transcom argued that it was an intended third party beneficiary of this provision through the Himalaya clause. Is Transcom correct? What should the court rule? Explain. [ Acciai Speciali Terni USA, Inc. v. M/V Berane, 181 F.Supp.2d 458 (D.Md. 2002)]