How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask TexLaw Your Own Question
TexLaw
TexLaw, Attorney
Category: Business Law
Satisfied Customers: 4430
Experience:  Internationational Commercial Attorney
17219180
Type Your Business Law Question Here...
TexLaw is online now
A new question is answered every 9 seconds

An international court in Asia gave its ruling on the merits of a business dispute but als

This answer was rated:

An international court in Asia gave its ruling on the merits of a business dispute but also gave a strong observation that the very same court Lacks Jurisdiction and the correct jurisdiction is NewYork.
Now more than six years have passed since this verdict was given.
If we file a fresh case in NY now, Would it be hit by ResJudicata?
and What is the statute of limitation on the time frame to file the case in NY?
Thanks. HK

Hi,

Thank you for your question. When you say an international court, are you referring to an international arbitration tribunal?

Customer: replied 3 years ago.

Civil Court in Pakistan.

You say the court observed that it did not have jurisdiction but made a ruling on the merits of the case anyway? What was the court's ruling?

Also, you say it is a business dispute. In order to determine the statute of limitations I have to know exactly what the claim involved is, so can you please tell me more about it? Is it a breach of contract, breach of fiduciary duty, misrepresentation, fraud, etc?

Customer: replied 3 years ago.

- It is a franchise dispute.


- Breach of Contract-(Alleged).


- Court sided with the franchisor.


- Value $ 10 million.


- The franchisor found their case weak so they raised the jurisdicition issue in the middle of the trial thus court ruled it lacked jurisdiction.


--------------------------------------------------------------------------------------------------

The statute of limitations for breach of contract in New York is 6 years from the date of the breach. If you filed the suit, it would be dismissed because the statute of limitations has passed.
TexLaw and 7 other Business Law Specialists are ready to help you