JURISDICTION: FORUM

SELECTION CLAUSE

Zapata, a Texas corporation, hired Unterweser, a German

corporation, to provide a tugboat for pulling Zapata's

oil rig. Unterweser prepared a contract, and Zapata

signed the contract after having made several changes.

The contract contained a forum selection clause requiring

any disputes to be litigated in the International

Commercial Court in London. Zapata had not altered

that part of the contract. Unterweser's tugboat departed

from Louisiana pulling Zapata's oil rig, but while the

tugboat and rig were in international waters off the

Gulf of Mexico, a storm arose that resulted in severe

damage to the oil rig. Zapata instructed Unterweser

to tow the rig to the nearest port, in Tampa, Florida.

Zapata then filed a lawsuit in the federal district court

in Tampa for $3.5 million against Unterweser.

CASE QUESTIONS

1. Does the court in Tampa have jurisdiction over

Unterweser? Why or why not?

2. Will the forum selection clause be enforced? Why

or why not?