Essay Title: 

Closed Memo Forum Non Conveniens

March 24, 2016 | Author: | Posted in law

Closed Memo Forum Non Conveniens

2006

Memorandum

TO : xxx-xxx

FROM : xxx-xxx

DATE : October 2 , 2006

SUBJECT : Forum Non Conveniens

Question Presented

Should the court a non forum conveniens dismissal of a case involving two foreign corporations licensed to do business in Florida where most of the documents and witnesses are abroad and where there was no choice of forum clause in the agreement

Short Answer

Yes . In this case , using the Balance of Conveniences Approach or the Kinney Factors show that the scale tips in favor [banner_entry_middle]

of litigation in El Salvador . The alternative forum is adequate , the private interests favor the alternative forum in spite of the plaintiff ‘s choice of forum , the public interest demands that the case be litigated elsewhere and there is no apparent undue prejudice or inconvenience if the case is re-d in El Salvador

Statement of Facts

Telemobile , Inc . sued Communico Corp . on November 19 , 2006 , for damages based on breach of fiduciary duty , unjust enrichment , fraud and breach of contract . The basis of this suit was a Technical Services Agreement ( Agreement ) that was entered into by Telemobile and Communico

Telemobile , Inc ( Telemobile ) is a foreign corporation organized under the laws of El Salvador , Central America . It has its principal place of business there and provides telecommunications services in that country . Telemobile is also registered to do business in Florida and maintains an office there . It is currently the largest provider of long distance calls from El Salvador to Florida

Communico Corp ( Communico ) is a foreign corporation organized under the laws of the Grand Duchy of Luxembourg . It is an international operator of cellular phone services in Latin America , including El Salvador . Communico operates in Latin America and the United States through its many subsidiaries and holding companies . One of these companies is based in Florida . The president of Communico , Joe Sanchez ( Sanchez , owns a home in Florida where he stays for about 120 days in a year . Every other year , Communico ‘s board of directors meet in Miami , Florida at its Florida subsidiary , Communico Florida , LLC

Telemobile and Communico entered into an Agreement where Communico was to give technical advice to Telemobile on its acquisition of equipment and technology . The Agreement was written in Spanish . It stipulated that payments are to be made according to Luxembourg law and that it was to be performed exclusively in El Salvador . Nearly all of Telemobile ‘s documents relating to the Agreement and Communico ‘s services are stored in El Salvador

The complaint alleges that three out of five board members of Telemobile were agents of Communico : Jose Maria Coto ( Coto Graciela Perez ( Perez , and John Harris ( Harris . The other two directors were : Gustavo Diaz ( Diaz ) and Ricardo Martinez ( Martinez

The complaint said that Communico breached its fiduciary duty by receiving secret profits from separate agreements with Telemobile ‘s equipment provider , Northern Networks , Inc ( Northern , a Florida based company . Telemobile alleged that Coto , Perez and Harris , under the s of Communico , were able to convince the board… [banner_entry_footer]

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