Closed Memo Forum Non Conveniens

2006MemorandumTO :xxx-xxxFROM :xxx-xxxDATE :October 2 , 2006SUBJECT :Forum Non ConveniensQuestion PresentedShould the court a non forum conveniens easy lay of a display case involving two overseas corporations licensed to do moving in in Florida where most of the documents and witnesses are afield and where at that place was no superior of forum clause in the agreementShort AnswerYes . In this case , using the Balance of comforts Approach or the Kinney Factors show that the scale tips in select of litigation in El Salvador . The alternative forum is fair to middling , the private interests favor the alternative forum in outrage of the plaintiff s choice of forum , the public interest demands that the case be litigated elsewhere and there is no apparent indefensible prejudice or inconvenience if the case is re-d in El Sal vadorStatement of FactsTelemobile , Inc . sued Communico Corp . on November 19 , 2006 , for damages found on suspension of fiducial duty , unjust enrichment , fraud and breach of contract . The netherstructure of this suit was a Technical Services symmetry ( apprehension ) that was entered into by Telemobile and CommunicoTelemobile , Inc ( Telemobile ) is a extraneous corporation organize under the laws of El Salvador , Central the States . It has its principal place of worry 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 supplier of long distance calls from El Salvador to FloridaCommunico Corp ( Communico ) is a foreign corporation organized under the laws of the Grand Duchy of capital of the United States of capital of Luxembourg . It is an international operator of cellular reverberate services in Latin America , including El Salvador . Communico operates in Latin America and the! United States through its many subsidiaries and dimension companies . One of these companies is based in Florida . The president of Communico , Joe Sanchez ( Sanchez , owns a situation in Florida where he stays for about 120 age in a category .

Every opposite year , Communico s board of directors suit in Miami , Florida at its Florida subsidiary , Communico Florida , LLCTelemobile and Communico entered into an arranging where Communico was to give practiced advice to Telemobile on its acquisition of equipment and technology . The system was written in Spanish . It stipulated that payments are to be do according to Luxembourg law a nd that it was to be performed exclusively in El Salvador . more or less all of Telemobile s documents relating to the Agreement and Communico s services are stored in El SalvadorThe complaint alleges that lead 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 ( MartinezThe complaint said that Communico breached its fiduciary duty by receiving secret profits from separate agreements with Telemobile s equipment provider , blue Networks , Inc ( Northern , a Florida based company . Telemobile so-called that Coto , Perez and Harris , under the s of Communico , were able to convince the board...If you want to stick by a full essay, order it on our website: BestEssayCheap.com

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