kaal:claim:1765901-013

If the presence of a single U.S. party sufficed to locate a privately negotiated derivative transaction in the United States, U.S. parties could sue in U.S. courts regardless of other factors such as where the counterparties were located.

If the presence of one party alone should suffice, U.S. parties to privately negotiated derivative transactions would be able to sue in U.S. courts regardless of other factors, such as where the counterparties were located,

Kaal and Painter, The Aftermath of Morrison v. National Australia Bank and Elliott Associates v. Porsche (2011), II. Open Questions After Morrison; 3. When Does a Private Transaction Take Place in the U.S.?, p. 14
https://ssrn.com/abstract=1765901 · source PDF

Kaal and Painter, The Aftermath of Morrison v. National Australia Bank and Elliott Associates v. Porsche (2011). SSRN: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1765901

• privately negotiated derivative transactions
• a one party location test

failuresupport: arguedfailure: single-party-presence-testfamily: otherinstitutional-design

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