International Business Law Case Studies: Key Concepts and Landmark Decisions
International Business Law Case Studies
Jurisdiction and Applicable Law
Case 1: Tarbet Trading vs. Cometals
Two companies attempted to export beans from Kenya to Colombia using falsified certificates of origin from the EU, highlighting issues of fraud and jurisdiction in international trade.
Case 2: In re Union Carbide
A gas leak at a Union Carbide factory in India, owned by a US company, raised complex questions about jurisdiction, liability, and corporate responsibility in multinational operations.
Case 3: Gaskim
A German company’s attempt to enforce a forum selection clause in a contract signed by a US company but written in German led to a dispute over the validity of the clause and the jurisdiction for resolving the dispute.
Case 4: Asahi Metal vs. Supreme Court
A product liability lawsuit involving a Japanese company and a US plaintiff raised questions about jurisdiction and the reach of US courts in cases with international connections.
Case 5: Elayyan v. Sol Melia, SA
A lawsuit against a Spanish hotel chain by US plaintiffs for injuries sustained at a hotel in Mexico highlighted the concept of personal jurisdiction and the limits of jurisdiction based on online presence.
Case 6: Iraggi vs. United Tech & Otis
An elevator accident in Colombia involving a US citizen raised questions about where the case should be heard, considering public and private interests.
Contract Law and Dispute Resolution
Case 7: Finnish Fur vs. JSF (Juliette Shulaff Fur)
A dispute over an unpaid debt for fur purchases at an auction led to a ruling on personal liability and the application of conflict of law rules.
Case 8: Chicago Prime vs. Northam
A dispute over the quality of meat sold between a US and a Canadian company highlighted the importance of inspection and notification duties in contracts for the sale of goods.
Case 9: Solae vs. Hershey’s Canada
A dispute over a contract for the sale of soy contaminated with salmonella raised issues of contract formation, mutual agreement, and personal jurisdiction.
Case 10: Harriscom Svenska vs. Harris Corp
This case explored the concept of force majeure and commercial impracticability in contract law.
Case 11: Tanda Aviation Holdings vs. Aero Toy Store
A court ruling recognized that changes in financial or economic circumstances could constitute force majeure, excusing a party from performing their contractual obligations.
Intellectual Property and Licensing
Case 12: Russian Licensing Case
A dispute between two companies with licensing rights to reproduce and distribute a movie in different languages and formats highlighted the importance of clear contract terms regarding intellectual property rights.
Case 13: Alberto Culver-Scherk
A dispute over trademark ownership in a contract for the sale of businesses raised issues of misrepresentation, arbitration clauses, and the application of US securities laws.
International Law and Business
Case 14: Case of Paquete Habana
The capture of a Spanish fishing vessel during the Spanish-American War led to a landmark US Supreme Court decision on the rights of civilian vessels under international law.
Case 15: Sosa vs. Alvarez-Machain
A lawsuit against a US agent involved in the kidnapping of a Mexican citizen raised questions about the application of international law and the jurisdiction of US courts.
Case 16: Ventress vs. Japan Airlines
A case involving hiring practices at a Japanese airline with offices in the US addressed issues of discrimination and preferential treatment in international business operations.
Case 17: Liechtenstein vs. Guatemala
A dispute over the expropriation of property from a German citizen who became a citizen of Liechtenstein while living in Guatemala highlighted the complexities of citizenship and property rights under international law.
Case 18: US vs. Campbell
The prosecution of an Australian citizen for alleged bribery related to US government contracts in Afghanistan raised questions about jurisdiction and the application of international law.
Islamic Law and Business
Case 19: Kahi vs. Hashim
A case involving Islamic law and modern business practices explored the prohibition of interest payments and the use of alternative financial instruments such as equity investments and profit-sharing.