Letters Blogatory

The Blog of International Judicial Assistance | By Ted Folkman of Folkman LLC

Posts tagged “service by mail

Case of the Day: Rockefeller v. Changzhou SinoType

Posted on April 13, 2020

The case of the day is Rockefeller Technology Investments (Asia) VII v. Changzhou Sinotype Technology Co. (Cal. 2020). I wrote about the intermediate appellate decision in October 2018, and I briefly noted the new decision last week. Sinotype was a Chinese company. The parties were negotiating towards a contract to form a new company, and they had an interim memorandum of understanding that provided: The Parties shall provide notice in the English language to each other at the addresses set forth in the Agreement via Federal Express or similar courier, with copies via facsimile or email, and shall be deemed received 3 business days after deposit with the courier. The Parties hereby submit to the jurisdiction of the Federal and State Courts in California…

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Case Preview: Rockefeller v. Changzhou Sinotype

Posted on April 3, 2020

The California Supreme Court has given its decision in Rockefeller Technology Investments (Asia) VII v. Changzhou Sinotype Technology Co. (Cal. 2020). I will have full coverage next week, but I wanted readers to have early access to this important decision. This is the case of the parties who agreed to “service” (I put the word in quotes because it is at issue in the decision) in China by Fedex. The question was whether such an agreement can overcome China’s Article 10(a) objection under the Service Convention, which is really another way of asking: is Article 10 there to protect the interests of the litigants, or of the state?

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