Letters Blogatory

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

Posts tagged “India

Case of the Day: Patrick’s Restaurant v. Singh

Posted on November 5, 2018

The case of the day is Patrick’s Restaurant LLC v. Singh (D. Minn. 2018). Patrick’s sued Sujit Kumar Singh for breach of contract, on account of an alleged failure to make a promised capital contribution to the business in return for a membership interest. Singh resided in Mumbai. Singh was represented by US counsel and was on notice of the lawsuit, but he refused to waive service. Patrick’s sent a request for service to the Indian central authority, but seven months later, service had not been effected. Patrick’s moved for leave to serve by alternate means under FRCP 4(f)(3), namely, by email.

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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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