We use cookies to give you the best experience possible. By continuing we’ll assume you’re on board with our cookie policy

Asante Technologies, Inc. V. Pmc-Sierra Essay Sample

The whole doc is available only for registered users OPEN DOC

Get Full Essay

Get access to this section to get all help you need with your essay and educational issues.

Get Access

Asante Technologies, Inc. V. Pmc-Sierra Essay Sample

The lawsuit results from a dispute involving the sale of electronic parts. The plaintiff, Assante Technologies is a Delaware corporation with its primary place of business in Santa Clare, California. Assante entered into a contract with Unique Technologies, located in California; which is the distributor of PMC-Sierra, Inc. located in British Columbia, Canada. The plaintiff alleges that the Defendant did not meet the specific technical specifications of the order as stated in the contract. As a result, the Plaintiff sued for breach of contract under Article 2 of the Uniform Commercial Code (“UCC”). However, when the Defendant removed the case to the federal district court, arguing that the contract was governed by the CISG, rather than by the UCC; the Plaintiff requested a motion to remand. The court ruled in favour of the Defendant. The Plaintiff’s motion to remand was denied. Four issues can be identified in this case: 1. Whether federal jurisdiction attached to claims governed by the CISG. -> Yes, CISG is ratified by the U.S. According to 28 U.S.C. at 1331(a) gives US district courts original jurisdiction over claims that arise under “treaties of the United States”. Specifically, CISG is a U.S treaty and therefore, US district courts may hear complaints that arise under it. 2. Whether the parties are from two different CISG states.

-> Yes, defendant is in Canada because of Article 10 of the CISG: (a) if a party has more than one place of business, the place of business is that which has the closest relationship to the contract and its performance, …; 3. Whether the parties’ choice of law clause excludes the CISG. ->No, there is an absence of clear language indicating that both contracting parties intended to opt-out. The law clauses of the Plaintiff were not clear. 4. Whether federal jurisdiction based upon the CISG does not violate the Well-Pleaded Complaint Rule. -> No, both countries adopted the CISG. CISG pre-empts state law and the UCC, meaning as a treaty, CISG is a federal law.

We can write a custom essay

According to Your Specific Requirements

Order an essay

You May Also Find These Documents Helpful

3d Technology device

The new technical device for today's television is 3D, 3 dimensions. Now you can view movies, sports, and games in 3D with a pair of dark shades especially made through a sensor that's placed between the lenses on the glasses. It gives you the advantage of seeing television as a close up shot of the picture you're viewing, which would make the people and images...

The Past, Present, and Future of VR...

Have you ever wanted to swim with dolphins, see what it’s like to fly like a bird or maybe even see the beautiful southern lights everybody talks about? Well with the way VR is designed you can do all that and even more all in the comfort of your home. Virtual reality (VR) is not a new concept. It has been around since the last...

Rapid developments in technology

In the last century, a technology developed rapidly and new technology brought so many benefits to humanity. Since then with the help of advanced innovation, a medical term also changed dramatically. One of the significant success in medical term is organ transplantation. Combination of advanced new technology and talented surgeons made the organ transplant possible. Since then Thousands of patients whose are suffering from organ...

The development of communication technology

The 20th century was a period of revolutionary discoveries and developments, home to the foundations of all the technology we know and use today and without it the world would be a completely different place. Throughout the 20th century there was innovation and invention happening around every corner, but the major area of invention was the development of communication technology. The radio became a huge...

The advancement of new technology

The advance of technology nowadays is very amazing. Many of them were beyond what we could expect 20 years ago. With the high technology we had achieved till today, many people wonders about from where they should know the latest news about global issues either than Internet or TV news. Internet news and TV news make good companion, but better choice depends on the time...

Get Access To The Full Essay
Materials Daily
100,000+ Subjects
2000+ Topics
Free Plagiarism
All Materials
are Cataloged Well

Sorry, but copying text is forbidden on this website. If you need this or any other sample, we can send it to you via email.

By clicking "SEND", you agree to our terms of service and privacy policy. We'll occasionally send you account related and promo emails.
Sorry, but only registered users have full access

How about getting this access

Become a member

Your Answer Is Very Helpful For Us
Thank You A Lot!


Emma Taylor


Hi there!
Would you like to get such a paper?
How about getting a customized one?

Couldn't Find What You Looking For?

Get access to our huge knowledge base which is continuously updated

Next Update Will Be About:
14 : 59 : 59
Become a Member