# The Bremen v. Zapata Off-Shore Co.

> Supreme Court of the United States · June 12, 1972 · 407 U.S. 1

URL: https://www.frixlaw.com/law-library/cases/9424924

## Case

- **Full name:** The BREMEN Et Al. v. ZAPATA OFF-SHORE CO.
- **Court:** Supreme Court of the United States
- **Decided:** June 12, 1972
- **Citations:** 407 U.S. 1; 1972 A.M.C. 1407; 92 S. Ct. 1907; 32 L. Ed. 2d 513; 1972 U.S. LEXIS 114
- **Precedential status:** Published
- **Opinion:** Concurrence by White
- **Judges:** Blackmun, Brennan, Burger, Douglas, Marshall, Stewart, White
- **Cited by:** 3,372 later opinions in the Frix Law Library

## Citator (automated)

- **Yellow flag:** Reported overruled in part, on other grounds by Powerex Corp. v. Reliant Energy Services, Inc., 551 U.S. 224 (2007) — not on the Supreme Court's list.
- Negative treatments: 5
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9424924

## How later opinions describe it (automated extraction)

- stating that a forum-selection clause may be held invalid upon a showing of fraud, undue influence, or overweening bargaining power, and that a valid forum-selection clause is still unenforceable upon a showing that (1) enforcement of the clause would contravene a strong publi…
- holding that forum and law selection clauses are prima facie valid if (1) the parties’ choice is not a product of “fraud, undue influence, or overweening bargaining power;” (2) the choice is not “unreasonable and unenforceable if the chosen forum is seriously inconvenient for …
- holding that courts must give “full effect” to “the legitimate expectations of the parties, manifested in their freely negotiated agreement, by specifically enforcing the forum clause” absent a showing that “enforcement would be unreasonable and unjust, or that the clause was …
- holding that forum-selection clauses, although not “historically ... favored,” are “prima facie valid,” and declaring that “the serious inconvenience of the contractual forum to one or both of the parties might carry greater weight in determining the reasonableness of the foru…
- holding that a forum selection clause requiring suit in a foreign court should be enforced unless the plaintiff attempting to avoid it “could clearly show that enforcement would be unreasonable and unjust, or that the clause was invalid for such reasons as fraud or overreaching”

## Opinion text

Mr. Justice .White,
concurring.
I concur in the opinion and judgment of the Court except insofar as the opinion comments on the issues which are remanded to the District Court. In my view these issues are best left for consideration by the District Court in the first instance.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9424924. Public record. Not legal advice.