Quote Originally Posted by Keith Alan View Post
It's a very interesting word study to investigate the meanings of place, location, domicile, residence, abode, legal residence, and inhabitancy.
Ohio has waived its sovereign immunity and expressly permits private lawsuits to be brought against it. The Ohio Court of Claims Act, R.C. 2743.01 et seq., provides that, with stated exceptions (for an example, see Part II.B below), the state consents to be sued, with its liability to be determined in The Ohio Court of Claims in accordance with the same rules of law applicable to suits between private parties. http://www.reminger.com/upload/banners/PUB-01032011.pdf

Doing business internationally is almost a necessity for U.S. companies today. The farther that commerce reaches across borders and oceans, the less our trading partners resemble the domestic companies with whom we have historically done business. When doing business abroad, U.S. companies cannot take for granted that they are transacting business with private corporations who are free to negotiate any contracts or terms that they deem appropriate. Outside the United States, it is commonplace for many industries or organizations to be run by the government or to be government owned, even though it may not be apparent on its face.

Deals involving foreign governments and state-owned entities present unique and often significant consequences and risks that need to be addressed before closing. Otherwise, if foreign sovereignty issues do not surface until a dispute arises, it is often too late to address them and a lack of understanding or foresight may prove to be costly. This article, which results from the experience of several dispute lawyers, identifies many of the issues that dealmakers need to understand and look for at the outset and suggests ways to minimize the related risks so as to avoid learning about them after it is too late.

Are You Dealing with a Sovereign?

As in all business transactions, compromises will likely be necessary and a business decision will ultimately have to be made as to whether the benefits outweigh the risks. The key is to ensure that before deciding to enter the contract or relationship with a sovereign, you have full knowledge of the risks and everything possible has been done to eliminate or minimize those risks.

Morkin is a principal and Berghoff is a partner in the Litigation Department of the Chicago office of Baker & McKenzie LLP. Pike is an associate in the Litigation Department of the firm's London office. Their e-mails are michael.l.morkin@bakernet.com, ethan.a.berghoff@bakernet.com, and atprichard.pike@bakernet.com.

http://apps.americanbar.org/buslaw/b...-12/pike.shtml