Letters Blogatory

The Blog of International Judicial Assistance | By Ted Folkman of Folkman LLC

Posts tagged “India

Case of the Day: Hardy Exploration v. India

Posted on June 12, 2018

The case of the day is Hardy Exploration & Production (India), Inc. v. Government of India (D.D.C. 2018). It’s a rare example of a US court refusing to confirm an international arbitral award on the grounds that it violates US public policy. Hardy had a contract with the Indian government to search for and extract hydrocarbons in the waters off India’s southeastern coast. If it found oil, it would have two years under the contract to determine if the find was commercially viable; but if it found gas, it would have five years. Hardy found hydrocarbons and claimed it had five years to make its determination, but the Indian government disagreed, claiming that Hardy only had two years. When two years had passed, the…

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Case of the Day: Chukkapalli v. Mandava

Posted on July 11, 2017

The case of the day is Chukapalli v. Mandava (Tex. Ct. App. 2017). The case was a divorce case. The couple had resided in India, but the wife moved to Texas and then filed a divorce petition there. The wife’s counsel sought to serve the husband by personal delivery in India via a process server apparently appointed by an Indian court, but the husband refused to accept the papers. The wife also served process by publication in Texas, which (I will assume) was permissible under Texas law. On this basis, when the husband did not appear, the Texas court granted the wife a divorce. The husband then moved for a new trial on the grounds that he had not been properly served with process.…

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