Legal Question in International Law in Texas

International Law

For several decades, MBI, a multi-national corporation, has manufactured miltary tanks at several of its branches around the world. One of those branches in Country C sells its tanks both to the army of Country C and the army of Country D. MBI does not have a branch in County D. Delivery tanks to County D, they refused to pay claim the tanks are defective. Neverless the tanks have been deployed as as frontline battle tanks. MBI sued Country D in the courts of County D. Courts of County D dismised a breach of contract brought by MBI several months ago. The rational for the Court's decision is that the army is immune from suit in its courts.

1. Can MBI bring suit in a Country C court?

2. Is legally and ethicall prudent for MBI to do so?


Asked on 2/16/09, 1:48 pm

1 Answer from Attorneys
Eddy De Los Santos Spain Hastings Ward Carey & Chambers

Re: International Law

Based on the scenario you provided, we would need more information to properly analyze the circumstances you are facing. For example, the issue of immunity and whether the immunity would be recognized in Country C. Furthermore, generally, you are required to provide that Country D has certain minimum contacts with the forum state and that maintenance of the suit in that forum state in Country C does not offend the traditional notions of fair play and substantial justice. Was Country D's conduct and connection with the forum state enough for Country D to reasonably foresee the prospect of defending a suit in Country C.

We are located in Houston and would be happy to assist if needed.

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Answered on 2/16/09, 3:04 pm


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