Legal Question in Business Law in North Carolina

Payment collection

We (an company in Asia) are trying to collect fund owed to us from a US company (public listed) in Georgia on service we performed for them in Asia. The contract was signed in 1998, they used a North Carolina address in the contract. The ''Disputes & Arbitration'' section of the contract says the place of arbitration is a country in Asia (the location of their Asia Office). And the contract is governed by laws of North Carolina. Can we sue them in Georgia directly? or should the case be filed in North Carolina or the Asia country?


Asked on 3/22/02, 4:20 pm

1 Answer from Attorneys

Jeff Kent Kent & Merritt, P.A.

Re: Payment collection

A great deal depends on the language in the contract. In the "Disputes and Arbitration" clause, is there a provision where the company waives jurisdiction and venue objections? If not, it may be difficult to obtain jurisdiction in Asia. (I do not know the law in most Asian countries, so I do not know what their jurisdictional and venue laws are.) If you must proceed against them in the U.S., you may file suit against them where the contract or services were to be provided (again, as long as you have personal jurisdiction over them), or in the place where they or incorporated or where their principal place of business is. If they are incorporated in Georgia, you could file suit there. If their principal place of business is in North Carolina, you could sue them there. What you probably need to do is speak with someone who is familiar with the Asian jurisdictional requirements to see if they can be forced into arbitration there. If not, then you should choose whichever location (Georgia or North Carolina) is more convenient for you, assuming that they are incorporated in Georgia and have a principal place of business in North Carolina.

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Answered on 3/25/02, 8:05 am


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