The Rice Corp. v. Grain Board of Iraq, 050211 FED9, 09-17687

Docket Nº:09-17687
Party Name:THE RICE CORPORATION, a Delaware corporation, dba The Rice Company, Plaintiff - Appellant, v. GRAIN BOARD OF IRAQ, an Iraqi state company; IRAQI MINISTRY OF TRADE, an Iraqi state agency, Defendants-Appellees.
Judge Panel:Before: KOZINSKI, Chief Judge, N.R. SMITH, Circuit Judge, and BLOCK, District Judge.
Case Date:May 02, 2011
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit
 
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THE RICE CORPORATION, a Delaware corporation, dba The Rice Company, Plaintiff - Appellant,

v.

GRAIN BOARD OF IRAQ, an Iraqi state company; IRAQI MINISTRY OF TRADE, an Iraqi state agency, Defendants-Appellees.

No. 09-17687

United States Court of Appeals, Ninth Circuit

May 2, 2011

NOT FOR PUBLICATION

Argued and Submitted April 13, 2011-San Francisco, California.

Appeal from the United States District Court for the Eastern District of California Garland E. Burrell, Jr., District Judge, Presiding, D.C. No. 2:06-CV-1516-GEB.

Before: KOZINSKI, Chief Judge, N.R. SMITH, Circuit Judge, and BLOCK, District Judge.[**]

MEMORANDUM[*]

1. Paragraph 18 of the parties' contract is necessarily mandatory and exclusive: A dispute that "shall be settled . . . final[ly] and conclusive[ly]" by an Iraqi court cannot, as a matter of logic, be resolved by any other. Cf. The Bremen v. Zapata Off-Shore Co., 407 U.S. 1, 2, 20 (1972).

2. Appellant failed to carry its "heavy burden of showing that trial in the chosen forum would be so difficult and inconvenient that [it] effectively would be denied a meaningful day in court." Pelleport Investors, Inc. v. Budco Quality Theatres, Inc., 741 F.2d 273, 281 (9th Cir. 1984); see also The Bremen, 407 U.S. at 16 ("[W]here it can be said with reasonable assurance that at the time they entered the contract, the parties to a freely negotiated private international commercial agreement contemplated the claimed inconvenience, it is difficult to see why any...

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