Foley Hoag LLP has secured a victory for Himalaya Food International Ltd. (Himalaya), an Indian food manufacturing company, by obtaining an early dismissal of a case seeking to confirm and enforce a foreign arbitral award. In Simplot India LLC v. Himalaya Food Int'l Ltd. (No. 23-1612 (RK) (TJB)), Judge Robert Kirsch of the United States District Court for the District of New Jersey dismissed the case for lack of personal jurisdiction over Himalaya.

The petitioners, Simplot India LLC and Simplot India Foods Pvt. Ltd., are affiliates of J.R. Simplot Company, an agribusiness company based in Idaho. In 2011, the parties formed a joint venture in India to develop a food processing production line. When disputes over the business relationship developed, the petitioners initiated an arbitration before a Singapore International Arbitration Centre (SIAC) tribunal in 2017 and obtained a favorable award in 2020.

In 2023, the petitioners sought to confirm and enforce the SIAC award in the U.S. District Court for the District of New Jersey. Asserting that there is general jurisdiction over Himalaya, the petitioners argued that a New Jersey corporation was Himalaya's alter ego and therefore, the corporation's New Jersey contacts may be attributed to Himalaya for personal jurisdiction purposes. The petitioners further argued that Himalaya consented to jurisdiction by registering to engage in business in New Jersey as a foreign profit corporation and designating an in-state agent for service of process. The petitioners argued as well that the court could exercise quasi in rem jurisdiction over certain debts owed to Himalaya, allegedly held in New Jersey bank accounts.

Himalaya objected to all three arguments, arguing that the alter-ego doctrine was inapplicable, that New Jersey's corporate registration statutes did not constitute consent to personal jurisdiction, and that Himalaya lacked sufficient interest or control in any New Jersey-based property for quasi in rem jurisdiction to exist.

The court agreed with Himalaya on all accounts, finding that the petitioners failed to meet their burden to establish the court's jurisdiction over Himalaya. Accordingly, the court dismissed the case in its entirety for lack of personal jurisdiction. The court also rejected the petitioners' request for jurisdictional discovery because discovery would not change its conclusions.

Himalaya was represented by Foley Hoag partners Christina Hioureas, Peter Sullivan, and Andrew Loewenstein as well as senior associate Sudhanshu Roy, associates Fernando Berdion-Del Valle, Amanda Coleman and Emily Nash, with research assistance from Katie Weiner.