Civil Procedure – Enforceability of Choice-of-Law Provisions in Maritime Contracts

Authored by Baily Fisher

This article discusses the Supreme Court’s recent decision in Great Lakes Insurance SE v. Raiders Retreat Realty Co. The decision, authored by Justice Kavanaugh, solidified that choice of law provisions in maritime contracts are presumptively enforceable and observed few exceptions to the presumptive enforceability of such provisions. The article also includes a brief synopsis of the concurring opinion written by Justice Thomas, who discusses his distaste for the Court’s decision in Wilburn Boat Co. v. Fireman’s Fund Insurance Co. and advocates for uniformity in federal maritime law.