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Glencore Grain Rotterdam Besloten Vennootschap v. Shivnath Rai Harnarain Co.
United States Court of Appeals for the Ninth Circuit
284 F.3d 1114 (2002)
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
Holding and Reasoning (Trott, J.)
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