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Asante Technologies vs. PMC-Sierra Case
Transcript of Asante Technologies vs. PMC-Sierra Case
Asante Technologies, Inc. vs. PMC-Sierra, Inc. What is this all about? There is a court dispute between Asante and PMC-Sierra because PMC did not deliver the right electronic parts to Asante. Information Part of the solution Fact list Asante Technologies, Inc. Plaintiff PMC-Sierra, Inc. Defendant Unique Neutral reseller $ $ Part of the problem It is eventually decided that the case is under the jurisdiction of the Federal Court and the CISG Asante files the case in the Superior Court of County Santa Clara PMC-Sierra removes the case to the Federal Court Asante requests to remand the case back to the Superior Court Problem identification Article 1 Article 4 Article 6 Article 10 "Does federal court have jurisdiction over this case?" Articles of the CISG applying here “This Convention applies to contracts of sale of goods between parties whose places of business are in different States” “This Convention governs only the formation of the contract of sale and the rights and obligations of the seller and the buyer arising from such a contract.” “The parties may exclude the application of this Convention or, subject to article 12, derogate from or vary the effect of any of its provisions.” “For the purposes of this Convention: if a party has more than one place of business, the place of business is that which has the closest relationship to the contract and its performance, having regard to the circumstances known to or contemplated by the parties at any time before or at the conclusion of the contract.” Recommendations ...is the plaintiff ...has better knowledge of Californian law ...wants the case to go to court within Californian jurisdiction, which is its "territory" ...is an American firm ...is based in Canada ...sells products in California through its subsidiary Unique ...would rather have the case brought under international jurisdiction ...is the defendant 50 states with their own set of laws Federal law
- national law, for the whole country - CISG Canada is a country made of 10 provinces and 3 territories The Constitution of Canada acts as the supreme law of the country Civil law rules the province of Quebec, but common law prevails everywhere else Canada has signed and ratified the CISG as well Any Questions? CISG signed & ratified by the USA CISG signed & ratified by Canada Supremacy Clause of the USA's Federal Constitution Plaintiff's motion to remand denied, the CISG governs When drawing up a contract, discuss which laws & conventions apply - it'll make everything clearer right from the start In case of a dispute, sit down together, talk with your lawyers - avoid going back and forth with requests, complaints and other motions Melody Forgeot - Noémie Hrehorovski
Déborah Berger - Laetitia Charton