## Q56 key (Varen Judgment)

1. The March 1 judgment is final, conclusive, and enforceable: the authorized 20-day appeal period expired, and the day-31 appeal did not suspend finality. Missed: Rookwell spends its response on a nonexistent pending-appeal objection while execution begins.
2. Varen had personal jurisdiction three independent ways: the exclusive forum agreement, Rookwell's Varen office concerning the distribution relationship, and ten months of merits litigation with counterclaims. Mandatory refusal for jurisdiction is unavailable. Missed: the defense stakes recognition on a threshold the record conclusively satisfies.
3. Notice was reasonably sufficient. Rookwell received service at its agent and general-counsel inbox, litigated, received 30 days to replace counsel, and its deputy general counsel actually read the trial notice. The board deliberately chose nonappearance. Missed: strategic abandonment is mislabeled denial of process.
4. The system-wide due-process ground is not proved. Ministry appointment and a 72 percent loss rate do not establish that the system as a whole lacks impartial tribunals or compatible procedure, especially against the same report's public hearings, evidence rights, reasoned opinions, appeal, and independent counsel. Missed: a mandatory ground is asserted without the system-level evidence the statute requires.
5. The translation issue is intrinsic evidentiary matter, not fraud that prevented a defense. Rookwell had the original, identified the issue, and could have objected. Missed: the recognition court is asked to retry an exhibit that Rookwell knowingly left unlitigated.
6. The uncontested trial and alleged foreign-law errors do not reopen the merits. Notice and opportunity, not Rookwell's voluntary use of them, control. Missed: the only severable objection is obscured by barred merits arguments.
7. Recognize the $6.4 million compensatory award. Refuse the separately stated $1.2 million market-integrity surcharge because it is payable to the Varen treasury as a public sanction; severance leaves the compensatory judgment intact. Missed: Rookwell either concedes $1.2 million it does not owe in State Alder or overreaches and loses credibility on the $6.4 million.
8. Oppose only the surcharge, request a short stay conditioned on adequate security while that issue is decided, and negotiate a secured payment schedule on the compensatory amount. Do not oppose recognition wholesale. Missed: $9 million in reachable assets is exposed to immediate enforcement after a predictable all-or-nothing loss.