UNITED STATES COURT OF APPEALS
For the Fifth Circuit
No. 02-30712
Summary Calendar
ALCAN RUBBER AND CHEMICAL INC.,
Plaintiff-Appellant,
VERSUS
STAR GRAN M/V, ETC; ET AL.,
Defendants,
P.T. ANDHIKA LINES,
Defendant-Appellee.
Appeal from the United States District Court
For the Eastern District of Louisiana
(00-CV-33-S)
March 17, 2003
Before JONES, STEWART, and DENNIS, Circuit Judges.
PER CURIAM:*
Appellant Alcan Rubber and Chemical appeals the district
*
Pursuant to 5TH CIR. R. 47.5, the Court has determined that this
opinion should not be published and is not precedent except under
the limited circumstances set forth in 5TH CIR. R. 47.5.4.
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court’s grant of summary judgment to defendant P.T. Andhika Lines
on grounds of lack of subject matter jurisdiction. The district
court cited a forum selection clause in the bills of lading between
the parties indicating that any dispute between the parties was to
be decided “in the country where the carrier has his principal
place of business....” Alcan now argues that we should refuse to
honor this clause and allow it to bring its claim in federal court.
"The enforceability of a forum-selection or arbitration clause
is a question of law which is reviewed de novo." Afram Carriers v.
Moeykens, 145 F.3d 298, 301 (5th Cir. 1998). Forum selection
clauses are prima facie valid, and should be enforced unless the
resisting party shows that enforcement is “unreasonable.” M.S.
Bremen v. Zapata-Off Shore Co., 407 U.S. 1, 10 (1972). “The burden
of proving unreasonableness is a heavy one,” Afram Carriers, 145
F.3d at 301, however, and that burden has not been met here.
Accordingly, the judgment of the district court is AFFIRMED.
AFFIRMED.
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