Closed Memo Forum Non Conveniens

2006MemorandumTO :xxx-xxxFROM :xxx-xxxDATE :October 2 , 2006SUBJECT :Forum Non ConveniensQuestion PresentedShould the court a non forum conveniens firing of a boldness involving two overseas corporations licensed to do moving in in Florida where most of the documents and witnesses are oversea and where at that place was no superior of forum clause in the agreementShort AnswerYes . In this case , using the Balance of conveniences Approach or the Kinney Factors show that the scale tips in privilege of litigation in El Salvador . The alternative forum is adapted , the private interests favor the alternative forum in malignity of the plaintiff s choice of forum , the public interest demands that the case be litigated elsewhere and there is no apparent groundless prejudice or inconvenience if the case is re-d in El SalvadorSt atement of FactsTelemobile , Inc . sued Communico Corp . on November 19 , 2006 , for damages found on sin of fiducial duty , unjust enrichment , fraud and breach of contract . The netherstructure of this suit was a Technical Services amity ( promise ) that was entered into by Telemobile and CommunicoTelemobile , Inc ( Telemobile ) is a overseas corporation create under the laws of El Salvador , Central the States . It has its principal place of air 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 FloridaCommunico Corp ( Communico ) is a foreign corporation organized under the laws of the Grand Duchy of heavy(p) of capital of Luxembourg . It is an international operator of cellular surround services in Latin America , including El Salvador . Communico operates in Latin America and the United States through its many subsidiaries and b! elongings companies . One of these companies is based in Florida . The president of Communico , Joe Sanchez ( Sanchez , owns a home office in Florida where he stays for about 120 eld in a category .

Every early(a) year , Communico s board of directors suit in Miami , Florida at its Florida subsidiary , Communico Florida , LLCTelemobile and Communico entered into an symmetricalness where Communico was to give practiced advice to Telemobile on its acquisition of equipment and technology . The conformity was written in Spanish . It stipulated that payments are to be do according to Luxembourg law and that it was to be performed exclusi vely 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 tercet 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 , Federal 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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