Hoku Materials refuses to be tried in the United States on charges of federal fraud and racketeering.
JH Kelly, general contractor for the failed polysilicon plant in Pocatello, made that announcement Monday after filing the legal complaint on August 20.
JH Kelly President Mason Evans says that means they'll have to translate the complaint into Chinese to process Hoku through the Hague Service Convention in The Netherlands and then serve them through an agent in mainland China.
Evans says they will comply but feels it's nothing more than legal gamesmanship by Hoku.
And this isn't the first time this has happened, in March of 2012, Hoku refused service in the United States causing a six month delay when JH Kelly and others filed lien foreclosure proceedings on the Pocatello facility.
Then, in July 2013, Hoku filed for Chapter 7 bankruptcy in U.S. Court.
After spending nearly $600 million to construct a plant that never went into production, Hoku abandoned the site in 2012 without paying 150 companies whose bills total more than $100 million.
KPVI News Six has been unable to reach Hoku for comment.