Legal Aspects of Business Decisions individual 1(introduction to International law)

Ph.D.
Essay
Miscellaneous
Pages 1 (251 words)
Download 0
Facts: Plaintiff Matimak Trading Co. Ltd., sought to sue Albert Khalily and D.A.Y. Kids Sportswear Inc., two New York corporations, in the Southern District of New York (Wood, J.) for breach of contract. Matimak invoked the court's diversity jurisdiction under 28 U.S.C…

Introduction

In August 1996, after allowing the parties to brief the issue, the district court dismissed the Complaint for lack of subject matter jurisdiction. The court concluded that Hong Kong is not a "foreign state" under the diversity statute, and, consequently, Matimak is not a "citizen or subject" of a "foreign state."
Issue(s): (1) whether Hong Kong is a "foreign state," such that Matimak is a "citizen or subject" of a "foreign state"; (2) whether Matimak is a "citizen or subject" of the United Kingdom, by virtue of Hong Kong's relationship with the United Kingdom when it brought suit; and (3) whether any and all non- citizens of the United States may ipso facto invoke alienage jurisdiction against a United States citizen.
Reasoning: The fact that the Hong Kong Companies Ordinance may be "ultimately traceable" to the British Crown is too attenuated a connection. Matimak was incorporated under Hong Kong law, the Companies Ordinance 1984 of Hong Kong, and is entitled to the protections of Hong Kong law only. Cf. Cedec Trading Ltd. v. United Am. Coal Sales, Inc., 556 F.Supp. 722, 723-24 & n. 2 (S.D.N.Y.1983) (holding that corporations of the Channel Islands, a province which is part of the United Kingdom proper, governed by British law, and whose foreign affairs are entirely controlled by the United Kingdom, is a citizen or subject of the United Kingdom); Compare St. Germain v. West Bay Leasing, Ltd., No. 81-CV-3945, at 6 (E.D.N.Y. Sep. ...
Download paper
Not exactly what you need?

Related papers

International Business Risks
Sales Convention and UNIDROIT Principles of International Commercial Contracts are quite prominent.…
Legal Aspects of Business Decisions individual 1(introduction to International law)
In August 1996, after allowing the parties to brief the issue, the district court dismissed the Complaint for lack of subject matter jurisdiction. The court concluded that Hong Kong is not a "foreign state" under the diversity statute, and, consequently, Matimak is not a "citizen or subject" of a "foreign state."…
International Business Law Essay
Keep in brain as the situations might alternatively be dissimilar depending on the corporation and the conditions. Join us in our voyage of detection and learn by means of us! Group Law Organization Law container is defined as ordinary law or container law based on accumulated judgment from courtyard cases. Moreover, as there are accountabilities for agent to main, there are moreover…
Legal Aspects Of Business
He should always comply with the deadline. Failure to do so makes all his efforts fruitless. So though he delivered the product it was of no value to the customer as he had run out of time and had made other arrangements.…
International Business Law Master Essay
In the meantime, a typhoon hit Hong Kong during those two days and many of the boxes of porcelain vases got wet and after arriving of MV Bardon in Brisbane Aussie Dcor, only 2500 out of 3000 boxes with vases inside were delivered and 100 of these were in very bad condition and not suitable for sale. But other 500 porcelain vases were not delivered by the Porcelain Vases Company of Hong Kong. For…
Legal Aspects of Business Decisions
This analysis forces courts to consider the pro-competitive effects of the restraint as well as its anticompetitive effects. Certain categories of restraints to be illegal per se: that is, they are conclusively presumed to be unreasonable and therefore illegal. For those types of restraints, the court does not have to go any further in its analysis than to recognize the type of restraint, and the…
Introduction to Business Law - legal system
It's not something that is justifiably in the normal life of a teenager but it doesn't mark him as a threat in regards to becoming a repeat offender. Either way this isn't something you have to worry about with this candidate. I assure you that you won't return to your complex one day to discover graffiti all over the front of your building. (Building Blocks for Youth, Fact Sheet 1, 2005).…