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All appeals are dismissed.
The costs of appeal are assessed against the Intervenor, and the remainder are assessed against the Intervenor.
Reasons
The grounds of appeal are examined.
1. Regarding the plaintiffs' grounds of appeal
A. With respect to the grounds of appeal Nos. 1 through 4, it is based on the principle of party autonomy to allow the designation of the governing law in international contracts. Although a bill of lading provides for the general governing law, whether the so-called “regional clause” is a partial designation of the governing law in the international convention or the law of a specific country that enacted the international convention regarding the scope of a carrier’s liability or the international convention, or whether it is incorporated into the content of a contract under the relevant international convention or foreign law is a matter of interpretation of a declaration of intent of the parties. If the provision of general governing law provides that the law of a specific country that enacted the international convention regarding the scope of a carrier’s liability shall be applied, barring special circumstances, preferentially applying the law of that country as the governing law to the carrier’s limitation of liability is consistent with the intent of the parties. (A) The lower court determined as follows on the grounds set forth in its reasoning in its reasoning as follows. Since the provision of the English law governing the contract of carriage at sea in accordance with the Preamble of this case was incorporated into the bill of lading.
Notwithstanding the general governing law clause, if the law of a particular country is prescribed as the law of the carrier, barring special circumstances, the intention of the parties should be considered to apply the U.S. law to the limitation of liability of the carrier as the governing law.
C. The port of loading the cargo of this case is interpreted after the bill of lading of this case.