FiltersDone

Question type

Essay

Multiple Choice

Short Answer

True False

Matching

Exam 3: Resolving International Commercial Disputes

Show Answer

Share

---

All types

Filters

Study FlashcardsPractice ExamLearn

Question 21

True/False

Review LaterAdd Note

Review Later

According to the Asahi Metal case,merely placing your product into "the stream of commerce,"where it is a component in a product,is not sufficient to establish jurisdiction over a foreign company.

Correct Answer

verified

Show Answer

Question 22

Essay

Review LaterAdd Note

Review Later

Weigh the relative benefits of a foreign citizen bringing suit in the U.S.as compared with bringing suit in their home state.

Correct Answer

Answered by ExamLex AI

There are several factors to consider wh...

View Answer

Show Answer

Question 23

Essay

Review LaterAdd Note

Write a position paper advocating that jurisdictional choice of law clauses should be enforced in international transactions.

Many European countries refuse to enforce choice of law or jurisdiction clauses in consumer agreements,while U.S.courts typically enforce these.Consider the reasons and ramifications of these different approaches.

In what ways do the requirements for jurisdiction differ from those of European nations? How are they similar?

In a California lawsuit between a U.S.resident and a manufacturer based in Taiwan,what might limit the jurisdiction of the California court?

Civil litigation is the primary means of settling contract disputes in the U.S.than in virtually any other country.

Outline an on-line Dispute Resolution procedure or body to handle international e-commerce disputes.

The Blowout Company is a German corporation and manufacturer of the California Custom tire,a tire that is compatible with Harley Davidson motorcycles manufactured in the United States.Tofu Granola,a resident of Santa Cruz,California,purchased a pair of California Custom tires for his Harley.Granola purchased the tires from Goodstone Tires,Inc.,a California corporation,at its store in Half Moon Bay,California.The Blowout Company and Goodstone provided assistance to their customers through maintenance of a toll-free hotline.Granola subsequently suffered severe injuries in an accident caused by the separation of the tread on the front tire of his Harley.If Granola files a lawsuit against Blowout in California state court,does such court have personal jurisdiction over Blowout? Why or why not?

In the U.S.,jurisdiction is: I.Defined by the U.S.Constitution II.Defined by various statutes

In what ways do forum selection and choice of law clauses serve similar interests? In what ways do they serve different or unrelated interests?

In general,at common law and in civil law jurisdictions,the choice of law clauses is rarely upheld.

The term mediation when dealing with dispute resolution refers to the situation where:

With mediation as a form of dispute resolution,the parties may at any point initiate litigation or agree to submit the dispute to arbitration.

Compare and contrast the relative benefits of arbitration and court adjudication.

One advantage of arbitration is that awards are recognized by the signers of the U.N.Convention on Recognition and Enforcement of Foreign Arbitral Awards (or,the New York Convention).

Choice of law clauses in contracts stipulate in advance what court the parties will use in case of a dispute and thereby avoid conflicts of law issues.

The results of a mediation are not binding on either party.

Weigh the relative merits of using ADR and domestic courts in international disputes.

The Bhopal disaster taught American corporations that they could insulate themselves from legal liability by having foreign control of the plant.