This note details recent common law and statutory developments in Canadian law relating to the use of choice of forum clauses in bills of lading and other contracts for carriage used in international trade. This includes a focus on the new approach for the exercise of judicial discretion advanced by the Federal Court of Appeal in Ecu-Line NV. v. Z.I. Pompey lndustrie, which is currently under review by the Supreme Court of Canada. To provide a contextual framework for these developments, an overview of the historical development of private international law relating to choice of jurisdiction is included. This framework involves an examination of the House of Lords decision in The Elefiheria, which served as the international benchmark for choice of forum and was the foundation for both American and Canadian precedent in the area.
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Erin M O'Toole, "The Sinking of the Eleftheria" (2003) 12 Dal J Leg Stud 245.