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ASAHI Metal vs. California
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
Asante Technologies vs
Sierra
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
Can you file suit of a wholly owned subsidiary
on a providence?
No the sovereign is immune to lawsuit...periodunless there is an exception(FSIA) creates exception to this TERM 17
Doing business with a foreign government?
DEFINITION 17 Big Sky...bad idea TERM 18
Commercial Activity
Section
DEFINITION 18 A forum that you can bring lawsuit against the sovereign.Activity Happened Outside of the US (minimum contact) (creates jurisdiction)Commercial ActivityDirect Effect TERM 19
Specific Jursidiction
DEFINITION 19 2 elementspurposeful actrelatedness TERM 20
General Jurisdiction
DEFINITION 20 a type of minimal contact (think home depot accident in Kansas and lawsuit in Texas)when the defendant has a continuous and systematic presence in the forum state (brick and mortar store) the lawsuit can be brought there even though it didn't originate there.
diversity requirements
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
3 factors of specific
jurisdiction
- 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
two ways to prove minimum contact
specific jurisdictiongeneral jurisdiction TERM 37
specific jurisdiction (3 factors)
DEFINITION 37 purposeful act in forumrelatednessreasonableness factor: undue burden TERM 38
general jurisdiction (2 factors)
DEFINITION 38 continuous and systematic presence in statedon't have to prove where the jurisdiction is directed TERM 39
purposeful act
DEFINITION 39 advertisingmarketingworkerswebsite TERM 40
relatedness
DEFINITION 40 had she not been on a cruise the accident wouldn't have happened
New York Convention
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!!!!
procedural fairness in arbitration
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
when CISG doesn't
apply
if the invoice says that the contract will be governed by a specific location TERM 62
Valid Offer (2 reasons)
DEFINITION 62 definitivedirected to one or more specific persons/companies TERM 63
Revocation
DEFINITION 63 revoke an offer before it is accepted TERM 64
what constitutes accepting an offer (
ways)
DEFINITION 64 acceptance is mailedwritten promise to be accepteddetrimental reliance: planning to accept evidence by performing work or hiring. TERM 65
CISG Contract Acceptance
DEFINITION 65 definitive words or actions
Mirror Image Rule
non goods/service/ real estatethe acceptance must be identical to the offerpo and invoice must be the same TERM 67
Mirror Image Exception
DEFINITION 67 the party who pays the invoice has accepted the counteroffer TERM 68
Acceptance effective even if containing non-
material goods like
DEFINITION 68 paymentqualityextent TERM 69
Require CISG contracts in
writing
DEFINITION 69 china, ukraine, russia, argentina TERM 70
Parol Evidence
DEFINITION 70 "oral"us doesn't allow oral comments or promises to contradict the contract if the contract is complete
