Base Metal Trading v. OJSC Novokuznetsky Aluminum Factory

283 F.3d 208 (2002)

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Base Metal Trading v. OJSC Novokuznetsky Aluminum Factory

United States Court of Appeals for the Fourth Circuit
283 F.3d 208 (2002)

EP

Facts

Base Metal Trading, Ltd. (Base Metal) (plaintiff), incorporated in the Channel Islands, purchased aluminum from Russian manufacturer OJSC Novokuznetsky Aluminum Factory (NKAZ) (defendant). The parties arbitrated a dispute before the Commercial Arbitration Court of the Moscow Chamber of Commerce and Industry. The arbitration award was issued in favor of Base Metal. Unable to collect on the award, Base Metal filed suit in Maryland district court to confirm the award under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (convention). Accompanying the lawsuit was a motion to seize NKAZ’s aluminum cargo that arrived the day before in Baltimore Harbor. The district court granted the motion, and the shipment was seized. NKAZ’s motion to dismiss, which argued that the court lacked personal jurisdiction, was granted. Base Metal appealed, arguing that NKAZ’s shipment in Maryland established sufficient contacts with the state to confer personal jurisdiction and to confirm the award as appropriate under Federal Rule of Civil Procedure (FRCP) 4(k)(2).

Rule of Law

Issue

Holding and Reasoning (Wilkinson, C.J.)

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