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RESOLVING INTERNATIONAL COMMERCIAL DISPUTES - AVOIDING BUSINESS DISPUTES

- - - - - Territorial: Power of criminal courts to hear cases involving crimes committed within their territory.
        - In rem: Courts power over property within geographical boundaries.
        - Subject Matter: Courts authority to hear certain types of legal matter.
        - Diversity: Courts power over cases involving federal statutes and federal government agencies, constitutional issues and between citizens of different states and US citizens and foreign citizens.
      - - In Personam: Courts power over certain individuals/corporations.
        
        A party is only required to appear in court if the court has personal
        jurisdiction otherwise the case is dismissed.
        
        Jurisdictions is obtained by a served summons through registered
        mail or in an approved publication of 'legal notices' but they
        shouldn't be hauled to court.
        
        Requirements for due process include presence within territory of
        the forum and certain minimum contacts.
        - Minimum contacts: Connection of a nonresident to the country
        based on a case-by-case review of factors; such as extent of
        defendants presence in state, business conducted there, burden on
        defendant and fairness to plaintiff and state interest.
      - In the EU:
        
        If parties are domiciled within EU countries then jurisdiction falls to the defendant.
        
        However some exceptions include:
        
        Cases where commercial contracts for sales of goods within the EU will be heard in the country of destination.
        
        Cases where breaches of contracts for services within the EU will be heard in the country that the services were to be carried out in.
        
        Tort cases are heard in the country where the wrong occurred.
        
        Consumer contract cases allow the consumer to bring action in their home country or the other parties home country but lawsuits against the consumer is only brought in the consumers home country.
        
        Employers can only sue employees or former employees in their domicile country but an employee can do it in any country. If it's not part of the EU, it should be a branch or agent location or in the last country the employee reqularly or last worked in.
        
        If one party is domiciled within the EU and an agreement specifying an EU country is provided in wriiten/electronic form or any form where there is understanding of forum selection.
      - In China:
        
        Courts don't exercise jurisdiction over nonresidents unless
        there is a meaningful connection to China.
        
        'Civil Procedure Law of 1991' grants jurisdiction based on
        nonresident conduct or property.
      - In the Internet Age:
        
        Minimum contacts is applied and adapted to the rise of the internet.
        
        Courts struggle to determine what circumstances a presence on the internet subjects a defendant to personal jurisdiction.