Attorney Vincent DLG. Torres is requesting the federal court to transfer back to Superior Court his lawsuit against E-Land World Co. Ltd., Suwaso Corp., Micronesia Resort Inc., and some of its current and former directors and employees. <\/p>\n
Torres, through counsel William M. Fitzgerald, moved the U.S. District Court for the NMI to remand the case back to the Superior Court on the grounds that E-Land and co-defendants have failed to prove the existence of federal jurisdiction.<\/p>\n
Fitzgerald said nothing in the purchase and sales agreement could conceivably affect Torres\u2019 lawsuit he filed in Superior Court.<\/p>\n
Torres assisted a family friend, Yusuke Fumoto, and Micronesian Resort Inc., a subsidiary of E-Land World Ltd., in effectuating the purchase and sales agreement.<\/p>\n
The purchase and sales agreement transferred Fumoto\u2019s 85 percent interest to Micronesian Resort Inc.<\/p>\n
Fitzgerald said Torres\u2019 complaint makes no claim under the contract, the contract is fully integrated, and nothing in the contract gives Torres any rights or benefits.<\/p>\n
Fitzgerald said the unfulfilled promises Torres complains about were made separate and apart from the agreement and the agreement, therefore, can have no effect on the case.<\/p>\n
He said the defendants have failed to produce a single case in which a non-signatory to a purchase and sales agreement, which specifically excludes non-signatories from the benefits and obligations of the agreement was compelled to arbitrate tort claims.<\/p>\n
Fitzgerald said the defendants have failed to prove that the agreement falls under the New York Convention.<\/p>\n
He said for an agreement to fall under the New York Convention, there must be an agreement in writing to arbitrate the dispute.<\/p>\n
Here, Fitzgerald said, Torres did not agree to arbitrate since he is a non-signatory and the agreement itself excludes him from compelling arbitration or being obligated to arbitrate.<\/p>\n
He said a party cannot be required to submit to arbitration any dispute which he has not agreed to submit.<\/p>\n
He said the defendants have failed to raise a conceivable argument that the arbitration clause in question will impact the disposition of Torres\u2019 case.<\/p>\n
He said if Torres was suing in the CNMI court for breach of contract, then they would readily agree that the agreement would impact the disposition of the case.<\/p>\n
\u201cAt no place in the complaint however, does Vince [Torres] claim that the contract has been breached,\u201d Fitzgerald said.<\/p>\n
Torres is suing the defendants for allegedly failing to provide a proper accounting, embarking upon a scheme to misappropriate business opportunities and funds, and negotiating loans over $5 million without proper authorization. The case was originally filed in Superior Court.<\/p>\n
The defendants moved to transfer the lawsuit to the U.S. District Court for the NMI. <\/p>\n
The defendants are asking the federal court to compel all his claims to arbitration before the American Arbitration Association.<\/p>\n
E-Land World Co. Ltd., Micronesia Resort Inc., Suwaso Corp., and Kwang Won Seo, through counsel Richard W. Pierce, said the arbitrator should decide any dispute on Torres\u2019 claims.<\/p>\n
Pierce asked the U.S. District Court for the NMI to dismiss Torres\u2019 lawsuit in its entirety.<\/p>\n
In the alternative, Pierce said, the court should stay the lawsuit pending the resolution of the arbitral proceedings, if any, brought before the American Arbitration Association.<\/p>\n
Pierce recently filed the corporate disclosure statements for his clients\u2014E-Land World Co. Ltd., Micronesia Resort Inc., and Suwaso Corp.<\/p>\n
According to Pierce, E-Land World Co. Ltd. has no parent corporation.<\/p>\n
Pierce said the Micronesia Resort Inc. is owned by non-party E-Land Park Ltd. and by Sompo Japan Nipponkoa Insurance Inc.<\/p>\n
He disclosed that E-Land Park Ltd. owns a majority of Micronesia Resort Inc.\u2019s shares, while Sompo Japan Nipponkoa Insurance Inc. owns the minority remainder of Micronesia Resort Inc.\u2019s shares.<\/p>\n
Pierce said Suwaso Corp. is owned by Micronesia Resort Inc. and by Torres and a non-party individual.<\/p>\n
Pierce said the Micronesia Resort Inc. owns majority of Suwaso shares, while Torres and a non-party individual are the other shareholders of record. <\/p>\n","protected":false},"excerpt":{"rendered":"
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