Legal Opinion

Shin-Etsu Chemical Co. v. ICICI Bank Ltd.

Appellate Division of the Supreme Court of the State of New York

Decided May 18, 2004PublishedCited by 52 opinions

1Opinion of the Court

OPINION OF THE COURT

Sullivan, J.

This appeal presents the issue of whether Supreme Court, in denying a motion to dismiss on the ground of forum non conveniens, applied the proper standard, where neither party is a New York resident or domiciliary and none of the events giving rise to the lawsuit—an action against the issuer of a letter of credit for payment—occurred in New York, or even in the United States for that matter. Plaintiff is a Japanese corporation with its principal place of business in Tokyo. Defendant ICICI Bank Limited is an Indian banking institution with its principal place of…

2Cases cited19 opinions

  1. Gulf Oil Corp. v. GilbertSupreme Court of the United States · 1947
  2. Piper Aircraft Co. v. ReynoSupreme Court of the United States · 1982
  3. Islamic Republic of Iran v. PahlaviNew York Court of Appeals · 1984
  4. Silver v. Great American InsuranceNew York Court of Appeals · 1972
  5. Urvashi Bhatnagar, an Infant by Her Mother and Natural Guardian, Kalpana Bhatnagar Kalpana Bhatnagar, Individually v. Surrendra Overseas Limited Apeejay Lines, in Personam M v. Apj Karan, Her Engines, Boilers, Tackle, Etc. In Rem, Surrendra Overseas Limited, to the Res Apeejay Lines, in Personam and the M/v Apj Karan, Her Engines, Boilers, Etc. In Rem, in No. 93-2059. Urvashi Bhatnagar, an Infant by Her Mother and Natural Guardian, Kalpana Bhatnagar Kalpana Bhatnagar, Individually v. Surrendra Overseas Limited Apeejay Lines, in Personam M v. Apj Karan, Her Engines, Boilers, Tackle, Etc. In Rem, Urvashi Bhatnagar, an Infant by Her Mother and Natural Guardian, Kalpana Bhatnagar, and Kalpana Bhatnagar, Individually, in No. 93-2076Court of Appeals for the Third Circuit · 1995

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3Cited by52 opinions

  1. Martinez v. E.i. Dupont De Nemours & Co.Supreme Court of Delaware · 2014
  2. Elmaliach v. Bank of China Ltd.Appellate Division of the Supreme Court of the State of New York · 2013
  3. Kuwaiti Engineering Group v. Consortium of International Consultants, LLCAppellate Division of the Supreme Court of the State of New York · 2008
  4. Phat Tan Nguyen v. Banque IndosuezAppellate Division of the Supreme Court of the State of New York · 2005
  5. Hall v. Maritek Corp.Superior Court of Delaware · 2017

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