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

See all articles by Yee Wah Chin

Yee Wah Chin

Ingram Yuzek Gainen Carroll & Bertolotti, LLP

Date Written: October 8, 2018

Abstract

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

Chin, Yee Wah, The Vitamin C Case: Important Role for the Federal Courts and Clear Message to Foreign Countries (October 8, 2018). 2 China Law Connect 35 (Sept. 2018), Available at SSRN: https://ssrn.com/abstract=3275124

Yee Wah Chin (Contact Author)

Ingram Yuzek Gainen Carroll & Bertolotti, LLP ( email )

250 Park Avenue
New York, NY 10177
United States

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