Letters Blogatory

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

Posts tagged “Malaysia

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…

+Read more

Case of the Day: Elsevier v. Chew

Posted on March 20, 2018

The case of the day is Elsevier, Inc. v. Chew (S.D.N.Y. 2018). Elsevier, a publisher, sued twenty unknown defendants, alleging they were infringing its copyright by selling counterfeit textbooks on eBay. By way of subpoenas to eBay and PayPal, Elsevier was able to obtain the names and email addresses of the defendants, though not their physical addresses. Some of the defendants operated in Malaysia, some in China. Elsevier moved for leave to serve process by email under FRCP 4(f)(3). They proposed using Re@dNotify, a service that purports to be able to prove when an email recipient has read an email.

+Read more