Jurisdiction and Forum Selection in International Business: A Case Study Analysis, Quizzes of Business and Labour Law

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TERM 1 ASAHI Metal vs. California DEFINITION 1 Class 5 lecture about Jurisdiction.In this case specific jurisdiction is established because the tire valves were manufactured with the idea of being sold in California making it a purposeful act.Also a cause of relatedness because lawsuit arose out of the tire valve act.Federal Court because of Federal question or diversity TERM 2 Big Sky Network vs. Sichuan DEFINITION 2 Joint Venture with ChineseBig Sky MoneyHawa right to do businessWhen can you sue a sovereign government?two exceptions: commercial activity section and ICSID agreement (lawsuit through arbitrage) TERM 3 Carnival Cruise vs. Shute DEFINITION 3 this case brings up the point that a unilateral forum selection clause is invalid.forum selection clauses must come after negotiations, both parties with equal bargaining power, and be international in nature TERM 4 Interfab vs. Valiant Indus DEFINITION 4 choice of law is determined by where the goods were delivered TERM 5 Mitsubishi Motors vs Soler DEFINITION 5 dealer loses his constitutional rights because the lawsuit is handled under arbitration in Japan.the supreme court has never overturned an enforcement of arbitration TERM 6 Asante Technologies vs Sierra DEFINITION 6 international contract because the headquarters of one is in canada and the other america TERM 7 Filanto vs Chilewich DEFINITION 7 the contract was accepted by the production of the boots and arbitration was made TERM 8 MCC-Marble v Cermica DEFINITION 8 once the contract is signed then it is done. TERM 9 Contracts DEFINITION 9 Handled at the state level TERM 10 Federal Questions DEFINITION 10 relates to subject matter jurisdiction and case can be taken to the federal court system.1. Violating a federal statute. (SEC-insider trading)2. Violating the US Constitution3. Violating a Treaty4. When the US is a plaintiff or defendant TERM 21 diversity requirements DEFINITION 21 defendant and plaintiff must reside in two different states or US defendant and foreign plaintiff.andmust be seeking more than 75k TERM 22 Removal DEFINITION 22 No removal if sued in home statedefendant has the right to remove it to federalabsolute diversity so the company has no overlap between plaintiff and defendant TERM 23 Where do companies reside? DEFINITION 23 state where company has principle place of business (where ceo and execs live) and state where company is incorporatedmost companies have twodont forget about general jurisdiction!!! TERM 24 Fully owned subsidiary DEFINITION 24 separate legal entity so each would have a principle place of business TERM 25 Court compel the appearance of a non resident? DEFINITION 25 when the defendant has minimum contact to where the case is being held (forum state) where the plaintiff elected to file the case TERM 26 first element of specific jursidiction DEFINITION 26 defendant must have done one or more purposeful acts TERM 27 Minimum Contact DEFINITION 27 products flowing into the market through other channel is not enough to be considered a purposeful act but if they were designed to eventually get to that market then it is one. could even be a call center TERM 28 website minimum contact DEFINITION 28 if a website is deemed highly interactive then the maintenance of that website is considered purposeful in every state that it is accessed. TERM 29 2nd element of specific jurisdiction DEFINITION 29 relatednessdid the plaintiffs lawsuit arise out of the defendants purposeful act.connection between purposeful act and outcome(if the valves were never sold then there never would have been a lawsuit) TERM 30 3rd element of specific jurisdiction DEFINITION 30 assertion of jurisdiction on either defendant or plaintiff is otherwise fair TERM 31 3 factors of specific jurisdiction DEFINITION 31 1. Undue burden on defendant (is assi making money off California)2. Forum state's interest (California has no interest in the case)3. Plaintiff convenience to file lawsuit TERM 32 2nd type of minimal contact DEFINITION 32 general jurisdiction TERM 33 Commercial Activity Section DEFINITION 33 a way you can sue a sovereign government that is doing business in the another country. TERM 34 ICSID DEFINITION 34 a method of filing a lawsuit against another country by getting them to agree to arbitration by signing the ICSID agreement. Still may not get paid.an investment with another countryVenezuela is not a member TERM 35 Establish Jursidiction DEFINITION 35 Valid Forum Selection Clausego through the subject matter and personal jurisdiction routine TERM 46 New York Convention DEFINITION 46 countries must compel enforcement of arbitration awards TERM 47 2 types of arbitration DEFINITION 47 institutionalad hoc TERM 48 institutional arbitration DEFINITION 48 CIETAC-ChinaInternational Chamber of Commerce (Paris) TERM 49 AD HOC Arbitration DEFINITION 49 companies select three arbitrators (one by each party and arbitrators select one) and they are paid 15% of the lawsuit no arguing TERM 50 Arbitration Enforcement DEFINITION 50 upheld unlessinarbitrable (criminal case) or agreement was not validno procedural fairness--->very low levelevident bias- -->obvious or apparentYou cannot appeal!!!! TERM 51 procedural fairness in arbitration DEFINITION 51 not notifiedornot heard TERM 52 US Supreme Court upholds Arbitrage DEFINITION 52 always!it has never been overturned. sexual harassment, brokerage accounts, discrimination TERM 53 arbitrage process DEFINITION 53 once you win you go to that country and get their courts approval and then you seize what is yours!country has signed the new york treaty TERM 54 Convention of International Sale of Goods DEFINITION 54 (CISD) Treaty that has rules of contract law TERM 55 Key non Signatories of CISD DEFINITION 55 United Kingdom, Taiwan, and several Arab Countries TERM 56 CISD Article 1 DEFINITION 56 When Applicable:Contract for the sale of goodsparties places of business in 2 different countriesboth countries are signatories TERM 57 CISD Article 2 DEFINITION 57 What is excluded:Business to consumerlabor and goods (warranty)auctionelectricity TERM 58 International Contracting DEFINITION 58 treaty is a federal question so it can be removed if the treaty applies TERM 59 CISD Place of business DEFINITION 59 place where most of the business is done (headquarters) TERM 60 CISG can determine the choice of law DEFINITION 60 the choice of law can be determined if the center of contract can be found to be within a signatory. (only one signatory)taiwan and the us (taiwan is not a signee) enter an agreement and the center is in the signatory country...then the case is federal which is the treaty.also possible that treaty may not apply if parties agree