Enforceability of foreign forum selection clauses in maritime bills of lading under American law

Traditionally, American courts refused to enforce foreign forum selection clauses as against public policy.; This doctrine was abandoned in 1972 in the Bremen, where the United States Supreme Court established the presumption of validity of foreign forum selection clauses. However, the enforceability of such clauses is subject to certain exceptions which relate to particular applications of the general principles of contract law.; The Bremen analysis was modified in 1991, when the Supreme Court decided Carnival Cruise, which limited the scope of such exceptions and strengthened the presumption of validity of forum selection clauses.; In 1995, the Supreme Court decided Sky Reefer, overruling the lower court decision in Indussa, and extending the presumption of validity of foreign forum selection clauses to maritime bills of lading subject to the Carriage of Goods by Sea Act (COGSA).