solution

The Falcoal v. Kurumu case is difficult in part because the case requires us to understand 3 or 4 complex areas of international law. In order to help your fellow students understand this case, please explain the concepts you are assigned below. 1. Personal and subject matter jurisdiction. If your last name starts with a letter between A and F, answer these questions. Why is the concept of “jurisdiction” important in this case? What is the difference between personal jurisdiction and subject matter jurisdiction? What rule does the court apply as regards the exercise of personal jurisdiction over foreign defendants? 2. Public tenders and performance bonds. If your last name starts with a letter between G and L, answer these questions. In this case, a Turkish buyer uses a public tender process to enter into a contract with an American buyer, whose performance is secured by a performance bond or guarantee. What is a public tender and why do buyers use them? What kind of performance guarantee did the Turkish buyers get from the American sellers and why did it cause a problem? 3. Sovereign immunity. If your last name begins with a letter between M and S, answer the following. In this case, the Turkish buyers alleged that they were protected by “sovereign immunity”. What does that mean and how did it apply to this case? 4. Documentary credits (letters of credit). If your last name starts with a letter between T and Z, answer the following. In this case, the Turkish buyer was expected to “open” a letter of credit. What does that mean? Why didn’t they do so? What can a seller do in such a case?