The Vitamin C Case: Important Role for the Federal Courts and Clear Message to Foreign Countries
2 China Law Connect 35 (Sept. 2018)
8 Pages Posted: 12 Nov 2018
Date Written: October 8, 2018
The U.S. Supreme Court’s unanimous decision in Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co. Ltd. on the issue of determining foreign law—whether a federal court determining foreign law under Federal Rule of Civil Procedure 44.1 is required to treat as conclusive a submission from the foreign government characterizing its own law—is unsurprising. The Court’s decision may be a roadmap for what is needed to support a statement of foreign law. A statement by the highest court of the foreign jurisdiction, which is consistent with the country’s previous statements and actions, and is not subject to attack as a litigation position paper, would likely be persuasive as to the foreign law. Such a roadmap should not be considered as a threat to foreign entities doing business with U.S. entities but rather as a cautionary note that conduct known to violate U.S. law should be undertaken if and only if a clear record of the foreign government’s role is created.
Keywords: Federal Rule of Civil Procedure 44.1, Determination of Foreign Law
JEL Classification: K00, K10, K19, K33, K40, K41,K49
Suggested Citation: Suggested Citation