Premium Essay

Shell V. R.W. Sturge, Ltd

In: Business and Management

Submitted By jbeck0904
Words 575
Pages 3
SHELL v. R.W. STURGE, LTD
United States Court of Appeals,
Sixth Circuit, June 8, 1995.
55 F. 3d 1227 (1195); 1995 FED App.0176P

FACTS Plaintiffs, West Shell, Jr., Andrew C. Hauch, III, and Herbert A. Middendorff also referred as the Names filed an diversity jurisdiction action against R.W. Sturge, LTD; the Council of Lloyd’s; the Society of Lloyd’s; and the Corporation of Lloyd’s; not considered an insurance company but rather a forum construed of members collaborating to fund certain classification of business. The diversity jurisdiction judgment will allow the Ohio District Court to exert their authority to hear the action as the Names are citizens of Ohio against defendant citizens of England (Legal Dictionary, 2013); on the grounds that the investment contracts that were entered into by the parties is in violation of the Ohio securities law and whereby seek to rescind the contract based on foreseeable loss to profits based on recent decrease of profits received. This motion is in direct contradiction of the forum selection agreement that was subsequently entered into by both parties, which gives the courts in England dominion; the Names expressed that such adherence to the forum selection agreement deprives of rights under the Ohio securities law (lawin.org, 2013).
PROCEDURE The matter was removed from the Hamilton County of Common and reallocated the matter to the United States Magistrate Judge. Who after hearing all evidence, verbal debate, protest, and motions by both plaintiffs and defendants; ruled on the side of the defendants’ whereby dismissing the motion noting that the agreement that both parties entered into entailed an enforceable forum selection provision (Leagle, Inc., 2012).
ISSUE Is the forum selection provision as set forth in the agreement, enforceable? Have the plaintiffs proved reasons to invalidate the forum selection?…...

Similar Documents

Premium Essay

Shell

...Shell in the Niger Delta: A Framework for Change Five case studies from civil society sponsored by February 2010 About ECCR The Ecumenical Council for Corporate Responsibility (ECCR) is a church-based investor coalition and membership organisation working for economic justice, environmental stewardship, and corporate and investor responsibility. ECCR undertakes research, advocacy and dialogue with companies and investors. It seeks to influence company policy and practice and to raise awareness among the British and Irish churches, the investor community and the general public. For more information, please visit www.eccr.org.uk. Acknowledgements ECCR would like to thank the five civil society organisations that contributed case studies based on their work in the Niger Delta; Cordaid for generously sponsoring the report; members, partners and independent experts who advised, read and commented on the text before publication; Royal Dutch Shell Plc and Shell Petroleum Development Corporation of Nigeria for providing company information and commenting on the text. Cover photo credits: Friends of the Earth International; IRIN/UN Office for the Coordination of Humanitarian Affairs; Milieudefensie/Friends of the Earth Netherlands; Stakeholder Democracy Network. Disclaimers ECCR has commissioned and published these case studies as a contribution to public understanding. The text has undergone a careful process of fact-checking and review to achieve accuracy and balance.......

Words: 40025 - Pages: 161

Premium Essay

Shell

...Shell is a global group of energy and petrochemical companies, operating in more than 145 countries and employing nearly 120,000 people. Shell produces circa 3% of the world's oil and circa 3.5% of the world's gas. Most people know the company for its retail outlets and its oil and natural gas exploration and production activity. Other Shell activities include: * marketing, transporting and trading oil and gas * providing oil products for industrial uses, including fuel and lubricant for ships and aircraft * generating electricity, including wind power and producing solar panels * producing petrochemicals used for plastics, coatings and detergents * developing technology for hydrogen vehicles. Shell considers it a business priority to diversify its business portfolio to include more unconventional fuels in order to meet the worlds increasing demand for energy whilst minimising the impact on the environment. Hence the need for the development of 'future fuels'. At the present time, any company seeking merely to exploit resources for immediate gain and at the expense of the environment or customers' best long-term interests is likely to generate government scrutiny, public hostility, customer resistance and, possibly, prosecution. Like any well-run business, Shell takes a long term view of what constitutes 'best possible use' of the resources available to it. One key challenge facing Shell is how to use its profits and accumulated reserves to promote......

Words: 1468 - Pages: 6

Free Essay

Cytec Industries Pte Ltd V Asia Pulp & Paper Co Ltd

...Cytec Industries Pte Ltd v Asia Pulp & Paper Co Ltd [2009] SGHC 32 Suit No: Suit 161/2007 Decision Date: 09 Feb 2009 Court: High Court Coram: Choo Han Teck J Counsel: Yap Yin Soon and Edmund Tham Weiheng (Allen & Gledhill LLP) for the plaintiff, Adrian Tan and Ho Kheng Lian (Drew & Napier LLC) for the defendant Subject Area / Catchwords Contract Judgment 9 February 2009 Judgment Reserved Choo Han Teck J: Introduction 1 This dispute revolves around the construction and validity of a corporate guarantee. On 18 October 1999, the plaintiff, Cytech Industries Pte Ltd, concluded a Letter of Intent (“LOI”) with APP Chemicals International (Mau) Ltd (“APP Chemicals”). The LOI confirmed APP Chemical’s intent to purchase products from the plaintiff and the plaintiff’s willingness to sell. If the plaintiff proved to be up to mark as a supplier, a Purchase Agreement (“PA”) would then be awarded to it. On 28 February 2000, the defendant Asia Pulp & Paper Company Ltd, the parent company of APP Chemicals, entered into a guarantee with the plaintiff, whereby it undertook to guarantee the payment obligations of APP Chemicals (“the Guarantee”). The Guarantee was backdated to 25 October 1999 and its salient terms are as follow: Preliminary Statements (i) Whereas, at the request of the Guarantor, the Supplier has entered into or will enter into a purchase agreement (such agreement, as amended from time to time, together with all......

Words: 2960 - Pages: 12

Premium Essay

Shell

...vast majority of vehicles and as the base of many industrial chemicals makes it one of the world's most important commodities. Access to it was a major factor in several military conflicts, including World War II and the Persian Gulf War. About 80% of the world's readily accessible reserves are located in the Middle East, with 62.5% coming from the Arab 5: Saudi Arabia (12.5%), UAE, Iraq, Qatar and Kuwait. The USA has less than 3% 1.3: Major players 6 The oil industry is often described as having an oligopolistic market structure that is, it is dominated by a small number of big major players, which include Exxon, Mobil, Chevron, BP, and Shell. A slump in oil prices in the late 1990’s resulted in heavy cut backs in staff and operating costs in 1998-99 and merges between BP and Amoco and Exxon and Mobil. 1.4: PEST ANALYSIS OF SHELL COMPANY PEST Analysis is a simple but important and widely-used tool that helps you understand the big picture of the Political, Economic, Socio-Cultural and Technological environment you are operating in. PEST is used by business leaders worldwide to build their vision of the future. OR PEST analysis is very important that an organization considers its environment before beginning the marketing process. In fact, environmental analysis should be continuous and feed all aspects of planning. The organization's marketing environment is made up from: 1. The internal environment e.g. staff (or internal customers), office technology, wages and......

Words: 10567 - Pages: 43

Premium Essay

Shell vs. R.W. Sturge, Ltd

...Case: Shell vs. R.W. Sturge, LTD 55 F.3d 1227, Court of Appeals, 6th Circuit (1995) Facts: A diversity action was brought by the investors in the Lloyd’s Society, who wanted to rescind the invested money in Lloyd’s because the investors wanted the Ohio State Securities Law to shelter them, against R.W. Sturge, Ltd. The defendants filed a motion to dismiss it based on improper venue and the appeal was dismissed based on the forum selection that takes away their rights under the Ohio Securities laws and Ohio public policy outweighs the policies served by enforcing the forum selection clauses. Procedure: Court of Appeals, 6th Circuit Issue: Can the case be dismissed based on the forum selection that takes away their rights under the Ohio Securities laws and Ohio public policy outweighs the policies which are assisted by enforcing the forum selection clauses? Holding: (Vote: 3 - 0) no, under the Federal Rules of Civil Procedures Section 12 (b) (3), dismissed the appeal based on the forum selection that deprives them of their rights under the Ohio Securities laws and Ohio public policy outweighs the policies which are assisted by enforcing the forum selection clauses. Reasoning: (Kennedy and Suhrheinrich, Circuit Judges and Hillman, District Judge) A. Rule: Under the Federal Rules of Civil Procedures Section 12 (b) (3), the defenders can file a case. The order granted the defendants’ motion for a dismissal since the action involved a security under Ohio......

Words: 356 - Pages: 2

Free Essay

Dasreef Pty Ltd V Hawchar

...Introduction The High Court’s decision in Dasreef Pty Ltd v Hawchar [2011] HCA 21 has been significant as the threshold requirements for the admissibility of expert evidence are clarified (French 2012). This essay will first discuss the facts of the case, followed by the technical requirements and perceived difficulties related to expert evidence identified by the court in this case. Facts Mr Hawchar, the respondent claimed damages from his employer, Dasreef Pty Ltd, the appellant as he was diagnosed with silicosis allegedly caused by the unsafe working environment. An expert, Dr Basden was retained to provide a report centering on the foreseeability of the alleged injury claimed by Mr Hawchar and procedures that Dasreef could take in reducing the risk of injury. The case originated in the Dust Diseases Tribunal where the judge relied on the estimate of the expert evidence in calculating the levels of silica Mr Hawchar was exposed to. This led to a finding that the level of exposure exceeded the applicable standard and was appealed by Dasreef before the Court of Appeal as to the admissibility of the expert’s report. The Court of Appeal dismissed the appeal on the basis that the estimate provided in the report was drawn from the expert’s experience, and thus admissible. The admissibility issue of the expert evidence was then brought to the High Court before the judges, French CJ, Gummow, Hayne, Crennan, Kiefel and Bell JJ with Justice Heydon dissented from the majority...

Words: 1116 - Pages: 5

Premium Essay

Estore Shell Canada Ltd

...and resolved. Assess how did Shell address these problems and challenges. Would you have done it differently? Justify your approach. Most of the large organization faced significant problems and challenges when embarking on inventive technology are the costs involved in developing the technology, bringing different organizational groups together, securing the technology through patents, integrating different departments during implementation, having a customer-friendly user interface, etc. In 2003, Shell Canada Limited build up an e-Store developed from eCATS. The purpose was save cost and increase market share. However, it was not achieve the organization’s goal. The key issues are how to proving front and back end application, as well as promotion customer usage in e-Store. In this case, the problems of Shell were more specific like the project cost, the platform of system or technology to be used and language. Shell wanted to develop a web based self service for its agricultural segment customers. It was projected that Shell’s market share would increase by 2 per cent in that segment. But, initial cost estimates showed that developing such an application would be very costly. Shell dealt with this problem by incorporating an application (eCATS) which was already in use. This helped in reducing the development costs significantly. The second issue that came up was regarding the platform to be used for developing this application. Shell already had a platform......

Words: 2546 - Pages: 11

Free Essay

Shell

...DEDICATION 4 ACKNOWLEDGEMENT 5 Synopsis of Development and Growth of Shell Pakistan 6 Shell Pakistan’s History 6 Vision 6 Values 6 Main objectives 6 Products and services 7 FINANCIAL ANALYSIS 8 Ratio Analysis 8 Short Term Debt Paying Ability 8 Profitability Ratios 15 Ratios for Investors 18 Long Term Debt Paying Ability 19 Overall Financial Performance 21 PESTEL ANALYSIS 22 Political Factors 22 Economic Factors 22 Social Factors 23 Technological Factors 23 Ecological Factors 23 Legal Factors 23 SWOT ANALYSIS 24 Strengths 24 Weaknesses 24 Opportunities 25 Threats 25 REFERENCES 26 Synopsis of Development and Growth of Shell Pakistan Shell Pakistan’s History The Shell brand name enjoys a 100-year history in the subcontinent region, dating back to 1899 when Asiatic Petroleum, the far eastern marketing arm of two companies: Shell Transport Company and Royal Dutch Petroleum Company began importing kerosene oil from Azerbaijan into the subcontinent. The documented history of Royal Dutch Shell plc in Indo_Pakistan subcontinent dates back to 1903 when partnership was struck between The Shell Transport & Trading Company and the Royal Dutch Petroleum Company to supply petroleum to Asia. In 1928, to enhance their distribution capabilities, the marketing interest of Royal Dutch Shell plc and the Burmah Oil Company Limited in India were merged and Burmah Shell Oil Storage & Distribution Company of India was born.......

Words: 4804 - Pages: 20

Premium Essay

Estore Shell Canada Ltd

...MASTER OF BUSINESS ADMINISTRATION INTERNATIONAL PROGRAM ASSIGNMENT – BMIT5103 INFORMATION TECHNOLOGY FOR MANAGER Instructor: Dr. PHAM VAN TAI Student Name: NGUYEN MANH HA ID No: 15030 MBAOUM0313 - Class K08A Nguyen.mh.star@gmail.com Case study report for www.facebook.com Page 1 of 27 Preface: My heart is filled with very gratitude to my teachers, my friends who inspire and instruct me how to do research and conduct a case study for www.facebook.com. These studies have revealed the application a social website into any type of businesses, organizations or even individuals. I highly appreciate the efforts of Dr. Pham Van Tai who guided and gave me a chance to do this research. I also would like to express my thanks to all those helped me with very useful information so that I could accomplish this assignment. I hope that my researches would serve as a ready reckoned document for students, research scholars using as a reference source. With very best regards. Nguyen Manh Ha Nguyen.mh.star@gmail.com Case study report for www.facebook.com Page 2 of 27 Table Of Contents. Executive Summary: ...........................................................................................4 CHAPTER 1: OVERVIEW OF FACEBOOK .......................................................... 1.1 FACEBOOK INTRODUCTION .......................................................................... 1.2 SERVICES & PRODUCTS...................................................................

Words: 4458 - Pages: 18

Premium Essay

Case: Shell V. R.W. Sturge Ltd.

...Legal Aspects of Decision Making- Mgt 625 Case: Shell v. R.W. Sturge Ltd. Facts: The council, society and the cooperation of Lloyd’s is not regarded as an insurance company. It is regarded instead as a market place, wherein certain individual members gather to underwrite a particular type of business. In light of this, the defendants filed a motion to dismiss for improper venue under Rule 12(b) (3) of the Federal Rule of Civil Procedure which the court granted the motion to dismiss. The plaintiffs’ next course of action was to now appeal arguing that the forum selection clauses deprive them of their rights and the Ohio securities laws and Ohio public policy outweigh the policies served by enforcing the forum selection clauses. Procedure: The case was withdrawn from the Hamilton County of Commons, and was moved to the United States Magistrate Judge for deliberation. The Magistrate Judge upon hearing all the motions, verbal debates and numerous protests, ruled in favour of the defendants and dismissed the motion, stating that both parties had an agreement that involved the enforceable forum for selection provision. Issues: The principal issue in this case is: Did the forum selection clauses used by the defendants, in any way deprive the plaintiffs of their rights or expose them to unfair treatments? And do the Ohio securities laws and public policy truly override the......

Words: 398 - Pages: 2

Free Essay

Shell

...Social Sciences, Vol. 1, No. 5, pp 70-82, August 2012. URL: http://www.ejbss.com/recent.aspx ISSN: 2235 -767X IMPACT OF EMPLOYEES SAFETY CULTURE ON ORGANISATIONAL PERFORMANCE IN SHELL BONNY TERMINAL INTEGRATED PROJECT (BTIP) Dr. M.O. Agwu, MNIM, MNISP Department of Business Administration, Niger Delta University, Wilberforce Island, Bayelsa State ABSTRACT he paper focuses on the impact of employees’ safety culture on organizational performance (improved management/employees safety practices, enhanced productivity, increased profitability and reduced accident/ incident rate) in shell bonny terminal integrated project. It defines employees’ safety culture as a product of individual and group values, attitudes, perceptions, competencies, and patterns of behavior that determine the level of commitment, style and proficiency of an organization’s safety management system. It assumes that inculcation of employees’ safety culture on the workforce at the task level using behavior-based safety culture approach (enforcement and education) has an influence on employees’ safety performance as well as on company performance: enhancement of productivity, profitability and loss control through reduction of accident/incident rate. The paper posits that: if construction companies in Shell Bonny terminal integrated project (BTIP) inculcate safety culture in their workforce through changing employees’ attitude to safety, there will be an improvement in......

Words: 5343 - Pages: 22

Premium Essay

Shell

...Holland’s biggest profitable organization Evaluative Report Preface In front of you lies an evaluation report about the biggest profitable Dutch company, Shell. Via this report we want to show you how Shell is performing at this moment and how they stay at the top of their segment. The reason for writing this report is to give an insight into what Shell does, we all know them from their gas stations but Shell does much more and tries to be innovative by looking for new and improved energy sources all around the world. Besides that we choose Shell because of its Dutch background and the fact that they are recognized all over the world. Briefly said, Shell is the biggest company in The Netherlands and via this report we´ll try to unfold how they manage to perform this well and what the secret is to their success. Bergen op Zoom, Noord – Brabant May 31st , 2011 Table of Contents 1. Introduction 1 2. General description of Shell 2 2.1 History of the organization 2 2.2 Products and Services 3 2.3 Operations 3 2.4 Financial Situation 4 2.5 Legal Aspects 4 2.6 Corporate Governance and Social Responsibility 5 2.6.1 Corporate Governance 5 2.6.2 Social Responsibility 5 3. Organization Environment 6 3.1 Relevant market 6 3.2 Supply chain 6 3.3 Shareholders 6 3.4 Relevant Macro Factors and Business Trends 7 3.5 Competition in Particular 7 4. Organization Goals and Strategies 9 4.1 Mission and Vision 9 4.1.1 Mission 9 4.1.2 Vision 9 4.2...

Words: 9120 - Pages: 37

Free Essay

Company Law Lee V Farming Ltd

...Mr Lee incorporated a company, Lee’s Air Farming Ltd, in August 1954 in which he owned all the shares. Mr Lee was also the sole ‘Governing Director’ for life. Thus, as with Mr Salomon, he was in essence a sole trader who now operated through a corporation. Mr Lee was also employed as chief pilot of the company. In March, 1956, while Mr Lee was working, the company plane he was flying stalled and crashed. Mr Lee was killed in the crash leaving a widow and four infant children. The company, as part of its statutory obligations, had been paying an insurance policy to cover claims brought under the Workers’ Compensation Act. The widow claimed she was entitled to compensation under the Act as the widow of a ‘worker’. The issue went first to the New Zealand Court of Appeal who found that he was not a ‘worker’ within the meaning of the Act and so no compensation was payable. The case was appealed to the Privy Council in London. They found that: the company and Mr Lee were distinct legal entities and therefore capable of entering into legal relations with one another, as such they had entered into a contractual relationship for him to be employed as the chief pilot of the company he could in his role of Governing Director give himself orders as chief pilot. It was therefore a master and servant relationship and as such he fitted the definition of ‘worker’ under the Act. The widow was therefore entitled to compensation....

Words: 256 - Pages: 2

Premium Essay

Waters V Min Ltd 587 N.E.2d 231(Mass.1992)

...I. Style of Case and Citation: Waters v Min Ltd 587 N.E.2d 231 (Mass.1992) II. Court Rendering Final Decision: Supreme Judicial Court of Massachusetts III. Identification of Parties and Procedural Details Gail A.Waters Plaintiff, Thomas Beacuchemin., Defendant. IV. Discussion of the Facts: Gail Waters (plaintiff) owned an annuity contract worth $189,000, with a total potential value of $694,000 over 25 years. When Waters was 21, she began dating Thomas Beauchemin (defendant), who had a strong influence over her. He introduced her to drugs and exhausted her credit card accounts. He then suggested that she sell her annuity contract and, as an agent of Min Ltd. (Min) (defendants), initiated negotiations between Waters and Min. Waters contracted to sell her annuity contract to Min for $50,000. In the negotiations, Min was represented by counsel and Waters was not. In recognition of his fostering the sale, Min dropped a $7,000 debt that Beauchemin owed them. Waters brought suit for rescission of the contract on the grounds that it was unconscionable. The trial court found in her favor. Min appealed. V. Statement and Discussion of the Legal Issues in Dispute The defendants contend that the judge erred by (1) finding the contract unconscionable (and by concluding the defendants assumed no risks and therefore finding the contract oppressive); (2) refusing them specific performance; and (3) failing to require the plaintiff to return all the funds received from......

Words: 765 - Pages: 4

Free Essay

Shell

...| Ship “Shell” Hit an Iceberg | Shell Oil Scandal in 2004 | | In 2004, the Shell Company was involved in an oil reserves reporting scandal. It made them caught in low point. | | Ines Chen, Leilani Zhao, Bingchen Wang | Contents Background……………………………………………………………………….. 2 Purpose of the case study… ………………………………………………...…2 Shell Company, the oil Industry giants………………………………………..3 The Iceberg ----Shell oil scandal ……………………………………………….. 4 Effect of the Scandal ……………………….……………………………………..6 The Origins of the Scandal …….………………………………………………....7 Weak internal controls, the dual company structure ......……………….…7 The shortage of oil reserves and World oil crisis ……………….....………10 The Closed Corporate Culture…………………………….………………..….11 Conclusion…………………………………………………………………….……14 Works Cited………………………………………………………………………15 Background: In recent years, Shell was one of the most famous companies of the world because of excellent long-term planning, outstanding technical capabilities and unique management style. Shell, which was the Anglo-Dutch heritage and a twin board structure, once was treaded as textbook example of a multinational company. When people talked about the Shell Company, they always remembered the old corporate slogan, 'You could be sure of Shell'. Yes, this seemed a mere statement of fact. But such the good company liked this also did some bad things from the mid-1990s. The company had dealt with the environmental and human right's problem, and its......

Words: 4280 - Pages: 18

Chrome Shelled Regios | Venus to Mamoru! | Das Mittelerde-Paradigma - The Middle-Earth Paradigm