Al-Torki

The issue in this appeal is whether an order for a new trial is reviewable, if the party who prevailed at the first trial has his claims dismissed for failure to prosecute in the second.

*1383 FACTS

Kaempen invented and patented technology for fiberglass pipes useful in the oil industry. In March 1982, Al-Torki and Kaempen entered into a contract granting Al-Torki an exclusive license in certain countries to the patented technology. The parties called this the “Muslim Contract,” because the countries in which Al-Torki was to enjoy exclusive rights were Muslim. This contract was not the one litigated.

Later in 1982, Kaempen solicited money from Al-Torki to exploit his patents worldwide. In the course of negotiations, conducted mostly by telex between Kaempen in California and Al-Torki in Saudi Arabia, AlTorki sent Kaempen $135,000. Al-Torki claimed that this money constituted loans and payments in exchange for shares of the new company which was to have exclusive rights worldwide. Kaempen claimed that the money constituted loans, advances against the possibility of agreement, gifts, and advances on royalty payments to come due in the future under the Muslim contract, and took…