Logourl black
From our private database of 14,100+ case briefs...

Glencore Grain Rotterdam Besloten Vennootschap v. Shivnath Rai Harnarain Co.

United States Court of Appeals for the Ninth Circuit
284 F.3d 1114 (2002)


Facts

Glencore Grain Rotterdam B.V. (Glencore) (plaintiff) contracted with Shivnath Rai Harnarain Co. (Shivnath) (defendant) in England for the purchase and delivery of rice in India. Glencore was a Netherlands corporation, and Shivnath was an Indian corporation. After a dispute under the contract was arbitrated in London, and Glencore was awarded damage, Glencore sued in the United States District Court for the Northern District of California to have the arbitration award confirmed under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Shivnath filed a motion to dismiss for lack of personal jurisdiction. Glencore argued that personal jurisdiction existed, because Shivnath had made many deliveries of rice to California for sale in the United States through Shivnath’s independent sales agent located in California. The district court dismissed the case for lack of personal jurisdiction. Glencore appealed to the United States Court of Appeals for the Ninth Circuit.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Trott, J.)

The holding and reasoning section includes:

  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 220,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.