Originally Posted by
percysmith
First is privity of contract - just because you're dealing with "HSBC" doesn't necessarily mean you get to pick which of them to sue. Quite obviously, the only HSBC entity licenced to bank in China is HSBC Bank (China), so you can't go sue HSBC Holdings plc, HSBC USA NA or The Hongkong and Shanghai Banking Corp in HK in lieu.
Next is forum of convenience. The bank is legally and physically located in China (above). The slip was signed in China. You were even physically located in China when you signed the slip. Good luck getting a non-Chinese court to hear it.
Even as a third party
HSBC USA NA has a duty of care towards the account party, breach of which
constitutes the tort of negligence.
To transfer a trial to a jurisdiction outside the U.S., courts shall grant the transfer only if it finds that a foreign court is “more appropriate” and that there may be a real opportunity to obtain justice there. -
That's a pretty easy arguement on that one.