The case of the day is Jiangsu Hongyuan Pharmaceutical Co. v. DI Global Logistics Inc. (S.D. Fla. 2016). Hongyuan was a Chinese firm; DI was a Florida corporation. The parties had a contract under which DI was Hongyuan’s exclusive distributor for chemical products in Colombia, Trinidad and Tobago, Brazil, Venezuela, and the United States. The parties had a dispute about an invoice Hongyuan sent DI for a shipment of titanium dioxide anatase. Hongyuan sued in the District Court, but DI moved to dismiss for forum non conveniens, pointing to the following article of the contract:
This agreement shall only be governed by Chinese law. In the event of any disputes between the parties the People’s Court of Jiangsu (China) shall be empowered to take cognizance of it, unless coercive law prescribes another court.
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The case of the day is Chen v. Sun (S.D.N.Y. 2016). Hsin-Cheng Chen sued Kelvin Sun and Jia Liu, seeking recognition and enforcement of a Chinese judgment. The complaint alleged that Chen was a Chinese citizen domiciled in Taiwan, that Sun was an American citizen whose “principal residence” was in New York, and that Liu, whose citizenship was not alleged, has a “principal residence” in New York. Chen moved to dismiss for want of subject matter jurisdiction.
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The case of the day is Sulzer Mixpac AG v. Medenstar Industries Co. (S.D.N.Y. 2015). Sulzer Mixpac, a Swiss corporation, sued Medenstar, a Chinese company, for trademark infringement, patent infringement, and related claims. It transmitted a request for service to the Chinese central authority in March 2015, but in November, the central authority informed Sulzer Mixpac that the request was still pending. Sulzer Mixpac then moved for leave to serve process by mail and by email under FRCP 4(f)(3).
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