Hawaiian Agronomics Co. v. Government of Iran

MEMORANDUM OF DECISION AND ORDER

By its Memorandum of Decision and Order of April 30, 1981, 513 F.Supp. 864 , the Court directed the parties to file memoranda addressing the question of whether plaintiff’s claim is among those over which the Arbitral Tribunal was given jurisdiction. On May 22, 1981, defendants filed their memoranda, which did not address that issue, but which for the first time challenged the existence of subject matter jurisdiction. Plaintiff filed its memorandum addressing the jurisdiction of the Arbitral Tribunal on July 6, 1981. Having reviewed these memoranda of points and authorities, the declarations and exhibits filed in support thereof, and being fully informed, the Court finds that subject matter jurisdiction exists and that plaintiff’s claim is not subject to the jurisdiction of the Arbitral Tribunal.

(a) Subject Matter Jurisdiction

Plaintiff asserts that this Court’s jurisdiction over the subject matter could be based on diversity of citizenship. As its memorandum makes clear, however, plaintiff is incorporated in Liberia and has its principal place of business in Hawaii. Therefore, for diversity purposes plaintiff is a “citizen” of Hawaii and of a…