Boon Rawd Trading International Co. v. Paleewong Trading Co.

ORDER GRANTING IN PART AND DENYING IN PART COUNTER-DEFENDANT’S MOTION TO DISMISS AND VACATING HEARING

INTRODUCTION

In this contractual beer brawl involving the exclusive importation rights for Singha Beer, the crisp and refreshing “original premium Thai beer,” plaintiff and counter-defendant Boon Rawd Trading International Co., Ltd. (“BRTI”) moves to dismiss seven counterclaims asserted by defendant and counterclaimant Paleewong Trading Co., Inc. (“PTC”). For the reasons set forth below, the motion must be Granted in Part and Denied in Part.

STATEMENT

Boon Rawd Sreshthaputra was born in Thailand in 1872. Schooled by his father until he was eleven years old, he was then sent away to be educated by Buddhist monks, as was custom at the time for young Thai men. His working career be gan humbly, first as a teacher in his teenaged years, and then as a clerk at the British-owned logging company, A.J. Dickson. After a lengthy career in the logging industry, Sreshthaputra bet his dreams on entrepreneurship, starting a small ferry company to transport Bangkokians across the Chao Praya river between the cities of Bangkok and Thonburi. He faced stifling competition, first from rival…