Free Status Report - District Court of Connecticut - Connecticut

‘ I Case 3:03-cv—00705—RNC Document 30 Filed 06/01 /2004 Page 1 of 3
UNITED STATES DISTRICT COURT F Q gm E Q
DISTRICT OF' CONNECTICUT |
__ ZUUU JUN··I A l|= SQ I
ISHAN CREDITS, LIMITED, CIVIL R T
Petitioner, I i I I
: 3:03CV-0705 (RNC)
v. :
ESPN, INC.,
: May 28, 2004
Respondent.
ESPN INC.’S THIRD STATUS REPORT ING THE PROGRESS OF THE
PROCEEDI_NQ_§j_1jQ1;I&
ESPN, Inc. ("ESPN") submits its third status report pursuant to this Court’s order dated
August 25, 2003. See Endorsement (Aug. 25, 2003).
1. On October 7, 2003, the Indian lower court, the Court of Tejwinder Singh,
granted Ishan Credits Limited’s ("ICL") motion to dismiss ESPN’s application to set aside the ex
parte arbitration award. The Indian court reasoned that the proceedings in the United States are
essentially identical to those in India, and that the parties’ underlying dispute would be and
should be resolved by this Court.
2. Within days ofthe Indian court’s ruling, ESPN filed an appeal to the High Court
of Punjab and Haryana. The lower court committed legal error for several reasons, including (1)
that it failed to understand that ESPN has a right to have the ex parte arbitration award vacated in
India so that ICL will be unable to enforce the award in the United States, or in any other
country that is a signatory to the Convention on the Recognition and Enforcement of Foreign

1
l
l


*%—l -——-»%% - ;. a C- r o :5;; i_;. T- ca- ._.-. O- P; _ ._.-...r._-__ U I

l
· Case 3:03-cv—00705—FlNC Document 30 Filed 06/01/2004 Page 2 of 3
` l
Arbitral Awards; and (2) that the court neglected to realize that ESPN’s defenses to enforcement l
I
in the United States are distinct from, and not identical to, its grounds for vacating in India.
3. On October 16, 2003, the appellate COUITI stayed "the operation of the [lower
court’s] order" pending the appeal.
4. At ICL’s request, the hearing date on ESPN’s appeal has been adjourned several {
times. ESPN’s appeal was scheduled to be heard on May 27, 2004. A few days before the I
hearing, ICL requested yet another adjournment, which the court granted. ESPN’s appeal is now ]
scheduled to be heard on July 24, 2004. J
Respectfully submitted, I
DEFEQNDANT ESPN, INC.
By: / ¢ `
_ / i
arn Bicks (ct 04729)
Wi gin & Dana LLP
O e Century Tower
65 Church Street
New Haven, CT 06508-1832
(203) 498-4400 telephone
(203) 782-2889 facsimile
[email protected]
1
1
2 l
i
.--._.”..m.._...Hm_._;._._________~n,,____,____,____“__________ ____, ,_,, s l

i
_ · Case 3:03-cv—OO705—FlNC Document 30 Filed 06/O1/2004 Page 3 of 3
CERTIFICATION OIQZRVICE '
This is to certify that on this 28th day oi`May, 2004 a copy ofthe foregoing was
mailed, first class, postage prepaid, to the following:
Bradford J. Sullivan, Esq. ·
William P. Antonoff, Esq.
Gibson & Behman, P.C.
71 Bradley Road, Suite ll
Madison, CT 06443
Scott R. Behman, Esq.
Sharmili P. Das, Esq.
Gibson & Belnnan, P.C.
r One Mountain Rd.
Burlington, MA 01803
ézffar V
€m s Biczks [
xs764wns2919.i
I
T_'" 1»——*-i—---_-- *'**’*"*•****?*"**'Q · ...--m¤. . . ....