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.