Question
Questions are based on International Business Law- Text, Cases and Readings at pages 181 to 182. 2 State A sues State B in the International
Questions are based on "International Business Law- Text, Cases and Readings" at pages 181 to 182.
2 State A sues State B in the International Court of Justice (ICJ). The ICJ hands down a judgment that is adverse to State B. State B refuses to comply with the judgment. What can State A do to get State B to comply?
6 Lemon Ltd is a company registered in the United Kingdom (UK) which produces computers and has a call centre registered in the State Republic of H to address complaints associated with its computer products. The standard terms attached to the computers specify that for any deficiencies in the product, the Courts of England would have exclusive jurisdiction, while the Courts in the State Republic of H would have exclusive jurisdiction over any complaints associated with after sales service. Ms Distressed buys a Lemon Ltd computer in London that has a problem after the warranty period has expired. The call centre provides her with instructions that lead to the computer ceasing to function completely. She sues Lemon Ltd, in a London Court, arguing that the State Republic of H has very low standards of consumer protection and the forum clause in the contract was "unfair." What should the London Court decide? Discuss.
8 State R decides to nationalise all property within its territory belonging to nationals of the United States (US). The US objects that this violates International Law, but State R goes ahead anyway. Afterward, R Bank, the national bank of State R, which has assumed ownership of all of the nationalised property, sells the expropriated goods of one Mr Ess to Tee Co, a firm in the US. Mr Ess brings suit in a US Court demanding that Tee Co pay him for goods it received from State R. R Bank intervenes and asks the Court to dismiss the suit, claiming that a decision by the US Court in favour of Mr Ess would iolate the ct of tate doctrine. The tate epartment has declined an in itation to sa what effect a decision would ha e on foreign polic is- -vis State R. Should the US Court dismiss the case? Explain.Tutorial 03 of 2021
9 In relation to the situation discussed in Question 6, assume that Ms Distressed does not succeed before the London Court and decides to sue Lemon Ltd's call centre in the Courts of the State Republic of H. Lemon Ltd raises the objection that the Courts in the State Republic of H are forum non conveniens for the present dispute. Lemon Ltd argues that the call entre representatives are trained in the UK and an assessment of the quality of the service will require evidence to be collected in the UK. Do you think Lemon Ltd will succeed? Discuss
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