Summary

Personal Jurisdiction

Affirming the district court's judgment confirming a foreign arbitral award against Liu Yingkui, the panel held that the district court had general personal jurisdiction over Liu, who was physically present in the forum state.

The panel held that the Due Process Clause of the Fourteenth Amendment does not condition presence-based personal jurisdiction on service of process on the defendant's person as opposed to other means of service of process. The panel thus rejected Liu's Fed. R. Civ. P. 12(b)(2) defense of lack of personal jurisdiction.

The panel declined to resolve Liu's argument that service of process was insufficient because that separate defense under Fed. R. Civ. P. 12(b)(5) was not raised in his motion to dismiss and was thus waived.