Superstorm Sandy Subrogation Action Must Be Adjudicated in Tokyo, N.Y. Judge Rules

NEW YORK — A New York judge has ruled that a subrogation dispute over cargo that was damaged by Superstorm Sandy shortly after it arrived from China must be litigated in Tokyo pursuant to a forum selection clause in the shipping contract.

Judge Ronnie Abrams of the U.S. District Court for the Southern District of New York said in a Nov. 17 decision that in challenging the validity of the clause, subrogee Allianz Global Corporate & Specialty failed to make a showing that it would be unable to adequately assert its claims in Japan or is unable to receive a …