Tag Archives: India

Case of the Day: Hardy Exploration v. Government of India

The case of the day is Hardy Exploration & Production (India), Inc. v. Government of India (D.D.C. 2016). Hardy was a participant, initially with other private firms and later on its own, then in the end with an Indian state-owned company, GAIL (India) Ltd., in a contract with the government of India for the development and production of hydrocarbons in an area off India’s southeastern coast. After Hardy and GAIL found hydrocarbons in 2006, a dispute arose as to whether the find was natural gas (as the government thought) or oil (as Hardy and GAIL thought). If the find was oil, then Hardy, for reasons unimportant here, would have forfeited its interest under the contract. Hardy demanded arbitration in Kuala Lumpur, as per the parties’ arbitration agreement. The tribunal found that Hardy’s position was correct, ordered a restoration of the status quo ante, and awarded damages of 5 billion rupees (about $74 million). India sought to vacate the award in the Indian courts (not the Malaysian courts), but its petition was dismissed. Hardy filed a petition to enforce the award in India, and then sought confirmation in Washington. India’s defense was that service of process (by FedEx) was defective under the FSIA. Hardy countered that the contract contained a special arrangement for service of process, and that service was therefore proper under 28 U.S.C. § 1608(a)(1).
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Case of the Day: Mahindra & Mahindra Ltd. v. Holloway Motor Cars of Manchester

The case of the day is Mahindra & Mahindra Ltd. v. Holloway Motor Cars of Manchester, LLC (N.H. 2014). Several automobile dealers, including Holloway, filed a protest with the New Hampshire Motor Vehicle Industry Board, alleging that Mahindra & Mahindra, a car manufacturer in Mumbai, had violated a New Hampshire statute by wrongfully terminating an exclusive distribution agreement with Global Vehicles U.S.A., Inc., a firm which, in turn, had contracted with the dealers for the right to sell Mahindra & Mahindra cars. The Board is an administrative agency of the New Hampshire government. It has adopted rules of procedure to govern adjudicative cases. The Board entered a default judgment, and Mahindra appealed to the Superior Court, claiming that it had never properly been served with process.
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Case of the Day: Title Trading Services v. Kundu

The case of the day is Title Trading Services USA, Inc. v. Kundu (W.D.N.C. 2014). The claim was for misappropriation of intellectual property. The defendant, Arindam Kundu, who resided in India, moved to dismiss for insufficient service of process, and the plaintiff, Title Trading Services USA, moved for leave to serve Kundu via email and via service on his US lawyer.
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