Opinion

The Rice Corporation v. Grain Board of Iraq

  • 430 F. App'x 604
Court
Court of Appeals for the Ninth Circuit
Filed
May 2, 2011
Status
Unpublished
On the bench
Kozinski, Smith, Block
Cited by
1 cases
Authority
More cited than 44.9%

The opinion

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS FILED

FOR THE NINTH CIRCUIT MAY 02 2011

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

THE RICE CORPORATION, a Delaware No. 09-17687

corporation, dba The Rice Company,

D.C. No. 2:06-CV-1516-GEB

Plaintiff - Appellant,

MEMORANDUM*

v.

GRAIN BOARD OF IRAQ, an Iraqi state

company; IRAQI MINISTRY OF

TRADE, an Iraqi state agency,

Defendants - Appellees.

Appeal from the United States District Court

for the Eastern District of California

Garland E. Burrell, Jr., District Judge, Presiding

Argued and Submitted April 13, 2011

San Francisco, California

Before: KOZINSKI, Chief Judge, N.R. SMITH, Circuit Judge, and BLOCK,

District Judge.**

*

This disposition is not appropriate for publication and is not precedent

except as provided by Ninth Circuit Rule 36-3.

**

The Honorable Frederic Block, Senior United States District Judge for

the Eastern District of New York, sitting by designation.

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

such claim of inconvenience should be heard to render the forum clause

unenforceable.”). Even taking the facts in the light most favorable to appellant, see

Murphy v. Schneider Nat’l, Inc., 362 F.3d 1133, 1139 (9th Cir. 2004), we hold that

the district court did not abuse its discretion in enforcing Paragraph 18.

AFFIRMED.

2

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