· 3/26/2002
Glencore Grain Rotterdam B v. V. Shivnath Rai Harnarain Co.
Citations
- 284 F.3d 1114
- 2002 Cal. Daily Op. Serv. 2696
- 194 A.L.R. Fed. 755
- 2002 Daily Journal DAR 3263
- 2002 U.S. App. LEXIS 4853
- 2002 WL 453112
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that “[c]onsiderable authority supports [the petitioner’s] position that it can enforce the award against [the arbitral award debtor’s] property in the forum even if the property has no relationship to the underlying controversy between parties”
- holding that a defendant should not be haled into court as a result of 3 “random,” “fortuitous,” or “attenuated” contacts and declining to exercise Rule 4(k)(2) jurisdiction 4 when the defendant had made seven individual shipments to the East Coast
- “Interpreting the FAA to dispense with the jurisdictional requirements of Due Process in 19 actions to confirm arbitral awards would raise clear questions concerning the constitutionality of 20 the statutes”
- declining to exercise quasi in rem jurisdiction where “the best [petitioner] can say is that it believes in good faith that [respondent] has or will have assets located in the forum”
- “There is no evidence that Shivnath Rai owns property, keeps bank accounts, has employees, solicits business, or has designated an agent for service of process in California”
- “In suits to confirm a foreign arbitral award under the Convention, due process requires that the district court have jurisdiction over the defendant”
Source: CourtListener parenthetical corpus (CC0).
Judges: Goodwin, Sneed, Trott
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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