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Saudi Basic Industries Corp. v. Mobil Yanbu Petrochemical Co.

1/14/2005

cord, had reached the same result in a bench trial as the jury did in this trial, SABIC would have had no ground to attack that result as contrary to law or equity. By parity of reasoning, the verdict reached by the jury here-a product of the combined effort of the jurors and of the trial judge who circumscribed the jury's discretion in accordance with her application of ijtihad-affords SABIC no independent basis for reversal. To the extent SABIC suggests that the result would have been different had the case been litigated in Saudi Arabia, that argument, even if true, has no greater merit than would the argument that a jury verdict should be set aside because another jury would have decided the case differently, or that an equitable decree should be set aside because another chancellor might have crafted a different remedy. Arguments of that kind have never, for good and obvious reason, found favor under our law, and they find no favor here.


CONCLUSION


For the foregoing reasons, the judgment of the Superior Court awarding damages to ExxonMobil, and against SABIC, is affirmed. The mandate shall issue forthwith.






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