et al., No. 98 Civ. 1079, 1999 WL 92608, at *3 (S.D.N.Y. Feb. 22, 1999); Thyssen, Inc. v. M/V Markos N, No. 97 Civ. 6181, 2001 WL 902564, at *3-4 (S.D.N.Y. Aug. 7, 2001); see also Fireman’s Fund Insurance Company v. M.V. DSR Atlantic, 131 F.3d 1336, 1339 (9th Cir.1997), cert. denied 525 U.S. 921, 119 S.Ct. 275, 142 L.Ed.2d 227 (1998). Although the Second Circuit has not squarely addressed the issue, it has acknowledged that declining to enforce a foreign forum selection clause on the basis of the unavailability of an in rem claim “would contradict most case law on the matter.” Thyssen, Inc. v. Calypso Shipping Corp., S.A., 310 F.3d 102, 107 (2d Cir.2002); see also Far Eastern Antique Arts v. M/V Cho Yang Success, No. 01 Civ. 8375, 2002 WL 1313308, at *2 (S.D.N.Y. June 14, 2002) (<HOLDING>). We agree with the majority position that,
recognizing that the majority of actions that meet the requirements of rule 23b1 seek equitable relief recognizing majority rule and collecting cases recognizing distinction made by majority recognizing the majority rule recognizing the tide of the majority of case law