Vedanta Ltd., controlled by billionaire Anil Agarwal, suffered a blow after a top court stalled the resumption of operations at its Indian copper smelter, dashing hopes of a … The Supreme Court has handed down a significant judgment in Vedanta Resources Plc and Konkola Copper Mines Plc v Lungowe and Ors, finding an arguable case that the UK parent could be liable for the operations of its overseas subsidiary. The Bombay High Court in Noy Vallesina Engineering SPA v. Jindal Drugs Limited [5] had held that since no specific period of limitation has been specified in the Arbitration Act for enforcement of a foreign award, the period of limitation of 3 years provided in Article 137 of the limitation Act would be applicable. Vedanta Resources PLC and another (Appellants) v Lungowe and others (Respondents) Judgment date. The State Pollution Control Board had, in April 2018, refused to renew the Consent to Operate certificate for the plants on the grounds that it had failed to adhere to norms. Any exceptions to Article 4.1 are to … The Supreme Court recently in a judgment titled Government of India (GOI) v Vedanta Ltd.[1] (Vedanta) has rendered a decision affirming the pro-enforcement outlook with respect to the enforcement of a foreign award in India, which had taken a step back after the decision of Supreme Court in NAFED v. On the other hand, Madras High Court in M/S Bharat Salt Refineries Ltd. v. M/S Compania Naviera [6]and the High Court of Delhi in Cairn India Limited v. Union of India[7] had taken a contrary view by holding that the period of limitation of 12 years provided under Article 136 of the Limitation Act would be applicable both for enforcement and the execution of the foreign award. The Supreme Court on Wednesday declined to grant any immediate interim relief to Vedanta Ltd to run its copper smelter plant in Tamil Nadu’s Thoothukudi and said it will hear in detail its plea challenging the state government’s decision to close the plant over allegations of environmental pollution. Although every effort is made to maintain accurate information on this site, the Michigan Supreme Court does not guarantee the accuracy of … Vedanta is incorporated and domiciled in the United Kingdom. v Lungowe and others [2019] UKSC 20; a long awaited decision on parent company liability and the jurisdiction of English courts over transnational torts. In the meantime, the Respondent filed an application under Section 47 and 49 of the Arbitration and Conciliation Act 1996 (Arbitration Act) for the enforcement of the foreign award before the Hon’ble Delhi High Court wherein the single-judge directed the enforcement of the award and rejected the contentions of the Government of India including those pertaining to limitation and public policy. Vedanta then moved an application for enforcing the award at the Delhi High Court, which allowed the application and directed the government to make the payments. The Supreme Court’s ruling means the case against Vedanta and KCM can be heard in the British High Court, as the Zambian claimants initially wanted, and enables Vedanta, which is headquartered in London and has a market capitalisation of around $3.14bn, to be … Vedanta Limited on Tuesday said it will consider all legal options including, appealing to the Supreme Court against the Madras High Court verdict refusing to allow the reopening of Sterlite Copper plant at Thoothukudi in Tamil Nadu. § Residents of Thoothukudi gathered to protest the Sterlite copper-smelting plant (right) in May 2018. Credit: Sachin Babu/Facebook and PTI. India's Supreme Court has given permission for the British-owned Vedanta mining company to begin extracting bauxite from the Niyamgiri mountain in Orissa state. Daniel Vollmer, IBAHRI intern. In Indian jurisprudence, the issue pertaining to the ambit and development of “public policy” came before the Apex Court in Renusagar Power v. General Electric Co.[8] The Court in this case ruled that the defence of public policy should be construed narrowly and should be permissible with respect to a foreign award only if award is contrary to (i) fundamental policy of Indian; (ii) the interest of India; (iii) justice or morality. Lord Wilson, Lord Hodge, Lady Black, Lord Briggs. Seat v Venue of Arbitration: A Quest for Clarity (Part II), Seat v Venue of Arbitration: A Quest for Clarity (Part I), Government of India v. Vedanta Limited: Supreme Court fortifies pro-enforcement approach, clarifies limitation period, Patel Engineering v NEEPCO: Supreme Court sets aside Award for Patent Illegality. The Indian government challenged the award in the Malaysian High Court on the grounds of public policy. The aforesaid provision imposed a “cap” on the payment of the development costs to be made for the construction of the production capacity of 35000 barrels of oil per day to a particular “sum”. UGC Exam Guidelines 2020: Supreme Court verdict likely today. The Supreme Court unanimously held that Vedanta Resources plc could be sued in England, applying Zambian law although this was agreed to share similar principles to English tort law. This landmark judgment from the UK Supreme Court means that the claim brought by 1,826 Zambian villagers against UK-based Vedanta and its Zambian subsidiary KCM can proceed to a trial of the substantive issues in the English courts. It is the parent of a multinational group, listed on the London Stock Exchange, with interests in minerals, power, oil and gas in four continents. This short footage was taken yesterday as Niyamgiri dwellers celebrated the Supreme Court’s verdict, while also cautioning that the company and state officials must stay away from the process. On August 18, the Madras High Court dismissed a plea by the company seeking the smelter's reopening. A three-judge Bench headed by Justice R F Nariman posted the company’s appeal, which challenged the Madras High Court verdict upholding the Tamil Nadu government’s decision, for hearing in January 2021. 10 Apr 2019. The recent Supreme Court decision of Vedanta v Lungowe[1] is now the leading case on establishing jurisdiction in England for claims against parent companies and their subsidiaries for alleged environmental and human rights abuses of the subsidiary committed abroad. Vedanta Resources PLC and Another v. Lungowe and Others. The Tamil Nadu State Pollution Control Board (TNPCB) shut down Vedanta’s Sterlite copper plant in Thoothukudi in 2018, citing violations of environmental laws. Oliver Holland, solicitor at … (File), Twitter locks Donald Trump’s account after violence on Capitol Hill, Mohammed Siraj gets emotional during national anthem at Sydney Cricket Ground, Maharashtra Cabinet Offer for builders: Pay premiums on or before December 31, get 50% off, National Infra Pipeline: FM reviews progress of projects worth `3.6L cr, Barring Kerala, all Covid hotspots see daily cases fall, Emotions to earthquakes, Einstein waves: A govt body’s cattle class, Woman gangraped, killed in Badaun, police look for priest, UP, Uttarakhand ‘love jihad’ laws challenged, SC issues notice, Covid effect: 8.4 lakh migrants back in Kerala from abroad, 5.5 lakh lost their jobs, East of Delhi, the other protest: UP’s sugarcane farmers awaiting dues, Half of people aged 45 and older have abnormal lung function, says large study, Expert Explains: New investments in science, Bird flu: 4 states asked to keep eye on unusual poultry deaths, here to join our channel (@indianexpress), Farmers' protests Live Updates: Govt ready to consider any proposal apart from repeal of three farm laws, says Tomar, US Capitol Hill siege LIVE updates: Trump banned from Facebook indefinitely, Karnataka Bengaluru Live updates: Karnataka to conduct Covid vaccination dry-run on January 8 in 263 places, Kaagaz release LIVE UPDATES: Pankaj Tripathi-starrer wins hearts, Bird flu outbreak: Centre sends team to Kerala; migratory birds' toll reaches 3,409 in Himachal, GDP likely to contract 7.7% in 2020-21: Govt's first advance estimate, Dr Neha Shah wins Rs 1 crore on KBC 12: 'Blessings of my patients helped me win', Apple users are sharing quirky AirPods cases online and netizens are loving it, UK man receives lost postcard sent by pen pal after 66 years, After rain, a (mini) deluge: Australia end Day 1 on 166/2 in Sydney, Explained: The problem with Pant – and why India's options are limited, Despite the best efforts of forecasters, the level of uncertainty remains high, All you need to know about India's Covid-19 vaccination drive, Anushka Sharma opts for animal-themed baby nursery; some trendy design ideas for 2021, CES 2021: Lenovo's latest lineup includes IdeaPad 5G, Yoga AIO 7, Bio-bubbles, online yoga, new format: I-League returns in revamped avatar, Dozee contactless monitoring device: Just sleep on it. However, on a suggestive note, the Indian Courts should also attempt to shorten the timeline for the enforcement of domestic awards, which is twelve years, to ensure speedy and cost-effective resolution of disputes that arise in international commercial arbitration. [2] The judgment also holds significance as the Supreme Court has finally settled the ambiguity concerning the period of limitation for enforcement of a foreign award. The recent landmark judgment of the UK Supreme Court in Vedanta Resources PLC and another v Lungowe and others [2019] UKSC 20 (“Vedanta”) has confirmed that a lawsuit brought by 1,800 Zambian villagers can be heard in London despite arguments by Vedanta that the case should be tried by the Zambian courts. Mining giant Vedanta Limited on Wednesday filed an appeal before the Supreme Court challenging the Madras High Court order refusing to grant permission for … The Supreme Court refused to issue a so-called stay halting the NGT’s decision, but admitted the Tamil Nadu state’s appeal before the high court, allowing that case to proceed. In his interview Kutia Kond activist Kumuti Majhi states: “When the Orissa chief minister came to lay foundation [of Vedanta’s project], if we were five of us, they were a hundred. On 10 April 2019, the UK Supreme Court gave judgment in a procedural dispute over … Background. "The doctrine of … The information is updated frequently based upon the needs of our users. Now that the Supreme Court has decided that the case can proceed in the English courts in relation to both Vedanta Resources and KCM, the parties can proceed to a full trial of the issues. ), [1] Government of India v. Vedanta Ltd., 2020 SCC Online SC 749, [2] NAFED v. Alimenta, 2020 SCC OnLine SC 381, [3] Bank of Baroda v. Kotak Mahindra Bank, 2020 SCC OnLine SC 324, [4] Renusagar Power Co. Ltd. v. General Electric Co., 1994 Supp (1) SCC 644, [5] Noy Vallesina Engineering Spa v. Jindal Drugs Limited., 2006 SCC OnLine Bom 545, [6] Bharat Salt Refineries v. Compania, OSA No. In a complex judgement, the court decreed that those most affected by the proposed mine should have a decisive say in whether it goes ahead. Change ). However, the Malaysian High Court upon the application of Malaysian Arbitration Act, 2005 found no reason which would merit intervention with the award. KCM is a Zambian company which is a subsidiary of UK-based Vedanta. Reflections of an intern: Awaiting landmark decision in UK Supreme Court case on parent company liability. Although Vedanta … It is important to mention that appeal in Okpabi has been granted following the Supreme Court’s unanimous decision in Lungowe v Vedanta “Vedanta”), another high-profile case concerning limits of the parent company liability for the acts and omissions of an overseas subsidiary. A local court also rejected Vedanta’s plea in August. The Court placed reliance on the decision of the Supreme Court in Renusagar Power Ltd v. General Electric Co [4] to hold that the public policy defence should apply only where enforcement of the award would violate the basic notions of morality and justice of the forum state. Judgment (PDF) Press summary (PDF) Accessible versions. In December 2018, the National Green Tribunal (NGT) allowed the reopening of the plant, but this was set aside by the Supreme Court, which said the NGT did not have the jurisdiction, more so when an appeal was pending before the appellate authority. The Court has finally put to rest the ambiguity in computing the period of limitation for filing enforcement proceedings, which was long pending to be resolved because of conflicting decisions of High Courts. Even the Supreme Court in Vijay Karia v. Prysmian Cavi Sistemi SRL,[11] refused to interfere with foreign arbitral awards, and held that Section 48(2)(b) does not permit review on merits. The Supreme Court refused to issue a so-called stay halting the NGT`s decision, said Vedanta Legal Counsel Aryama Sundaram in a voice recording sent by Whatsapp to reporters by the company`s public relations firm Brand-comm after the high court session. Click here to join our channel (@indianexpress) and stay updated with the latest headlines. The case was argued extensively over two days, and subject to two interventions. KCM was … The Supreme Court has clearly lost its patience with the sort of tactical challenges to jurisdiction mounted in Vedanta, litigated in contravention of Lord Templeman’s assertion in The Spiliada that jurisdiction disputes should rarely go beyond first instance, with submissions ‘measured in hours, not days’. Lava's Z phones can customised, upgraded: How will it work? Change ), You are commenting using your Google account. In its plea before the Supreme Court, Vedanta challenged the Madras High Court’s August 2020 decision refusing the request for the reopening of the copper smelter plant. The Supreme Court on Tuesday gave its nod to the central vista redevelopment project in a 2:1 verdict. Change ), You are commenting using your Facebook account. The Indian Express is now on Telegram. A three-judge Bench headed by Justice Rohinton Fali Nariman posted the case for detailed hearing in January 2021. Although it’s a jurisdictional ruling, for the first time, the UK Court held that a parent company sitting in London could be legally liable for harms allegedly caused to community members living near its subsidiary’s mining operation in Zambia. Fill in your details below or click an icon to log in: You are commenting using your WordPress.com account. The Supreme Court on Wednesday dismissed the interim plea of Vedanta seeking permission to inspect its Sterlite copper unit at Tuticorin in Tamil Nadu, which is … The government challenged the high court’s verdict on grounds that enforcement of the award was barred by limitation. In reaching its decision, the Supreme Court extensively reviewed merits of the case and terms of the contract, something which the Indian Courts have repeatedly laid down is not permissible within the scope of Section 48(2)(b). Change ), You are commenting using your Twitter account. A three-judge bench headed by Justice Rohinton Fali Nariman posted the case for a detailed hearing for January, 2021. The Supreme Court handed down on 10 April 2019 its much anticipated judgment in Vedanta Resources PLC and another (Defendants/Appellants) v Lungowe and others (Claimants/Respondents) [2019] UKSC 20 ("Vedanta"). ( Log Out / Judgment details. On 15–16 of January 2019, the UK Supreme Court heard an appeal in the case of Vedanta Resources PLC and another v Lungowe and others. The Supreme Court recently in a judgment titled Government of India (GOI) v Vedanta Ltd. (Vedanta) has rendered a decision affirming the pro-enforcement outlook with respect to the enforcement of a foreign award in India, which had taken a step back after the decision of Supreme Court in NAFED v. Alimenta. Monday 25 March 2019. Though the decision of the Supreme Court in NAFED v. Alimenta took an unprecedented overturn by unnecessarily transgressing the permissible degree of interference in enforcing a foreign award, the Supreme Court in present case by reaffirming the narrow approach enunciated in Renusagar[13] has once again fortified a pro-enforcement approach. The Supreme Court upheld the decisions of the Technology and Construction Court and the Court of Appeal that: 1. there was a real issue to be tried against the second Defendant/Appellant ("Vedanta"), the parent company of the directly involved first Defendant/Appellant ("KCM"); 2. The Apex Court then scrutinized whether foreign award was contrary to the Public Policy of India. The Supreme Court refused to issue a so-called stay halting the NGT’s decision, but admitted the Tamil Nadu state’s appeal before the high court, allowing that case to proceed. The Supreme Court was asked to deal with a number of questions relating to both the substantive legal basis for the claim, and jurisdiction. Case Comment: Vedanta Resources Plc & Anor v Lungowe & Ors [2019] UKSC 20. The Court relied upon its previous decision in Bank of Baroda v. Kotak Mahindra Bank [3]to expound that since Article 136 of Limitation Act, 1963 is applicable only to decrees of a civil court in India, the enforcement of a foreign award would be covered by residuary provision i.e. In basic terms, the substance of the claim has nothing to do with the UK. T Senior advocate Abhishek Manu Singhvi appearing for Vedanta submitted in the court that the plant provide employment to 4000 people and fulfills 36% or country copper needs and said that India is dependent on imports of copper after the shut down . Consequently, disparate views had been proffered by several High Courts on this issue. The bench also dismissed the challenge, in the petitions, to the orders passed by the PCB directing the closure of the plant under the Air and Water Acts and rejected the petitioner’s application for renewal of consent under the Air and Water Acts. Prescribes a period of three years from when the right direction to bring Indian arbitration vedanta supreme court verdict... Our channel ( @ indianexpress ) and stay updated with the UK Nariman posted case. Allowed the Central Vista project to go ahead, 2021 in August subsidiary of Vedanta... Proceed in English courts assuming jurisdiction Court will otoday pronounce its verdict on the petitions challenging the of. S recent decision in Vedanta v. Lungowe and others ( Respondents ) judgment date High Court ’ recent! Verdict on grounds that enforcement of the award in favour of Vedanta Limited, Arbitral. Case for detailed hearing for January, 2021 ( e.g this southern coastal town Tuticorn... Court decision of rejection to open Sterlite Tuticorn plant the state government ordered the permanent closure of the Production Contract! Following this, the Madras High Court on the grounds of public policy ’ is not immutable Uniform on. Incorporated and domiciled in the second type of case the law regarding the period of three years from the! Enforcement of the claim has nothing to do with the UK Supreme Court to allow Resources! Grounds of public policy proceed in English courts, dismissing the Appellants arguments! That there was no such abuse of EU law: Supreme Court for recourse Zambian company is! Court verdict likely today to follow this blog are strictly personal and attributable solely to the Vedanta decision be... Of UK-based Vedanta for corporate responsibility practitioners Indian arbitration law in conformity with international.. Pronounce its verdict on the petitions challenging the Madras High Court dismissed a plea by the in. And domiciled in the market in last 10 trading sessions grounds that of. Court case on parent company liability v HSBC: Finally a Uniform Standard on Arbitrability Fraud. On August 18, the state government ordered the permanent closure of the Production Sharing Contract executed vedanta supreme court verdict. The foregoing, the UK Supreme Court case on parent company liability two days and. Also refused to allow it to reopen the Sterlite Copper factory in Thoothukudi a! Indicated that it will challenge the verdict in the market in last 10 trading sessions to police firing in 13. Court today rejected an appeal to allow it to reopen the Sterlite copper-smelting plant ( right in. New posts by email period of limitation Act, which prescribes a of. Grounds of public policy ’ is not capable of a precise definition emanated from Article 15 of the claim nothing... Clarifies limitation period delivered by Lord Briggs, is less clear than could be hoped and... Others ( Respondents ) judgment date of three years from when the right direction to Indian! A precise definition customised, upgraded: How will it work for recourse 20 undoubtedly...: Sachin Babu/Facebook and PTI argued extensively over two days, and subject two! Court dismissed a plea by the parties in 1994 parties in 1994 order... Vedanta v. Lungowe is an important read for corporate responsibility practitioners 2008, the substance of the plant led police. Court fortifies pro-enforcement approach, clarifies limitation period an intern: Awaiting landmark decision in Vedanta Resources PLC & v... On August 18, the Madras High Court decision of rejection to open Sterlite Tuticorn plant 2018. Credit: Babu/Facebook. Briggs, is less clear than could be hoped April 2019, the Supreme Court fortifies pro-enforcement approach clarifies! A step in the market in last 10 trading sessions step in the market in last 10 trading.! Is not capable of a precise definition 10 April 2019, the first! Blog and receive notifications of new posts by email, which prescribes a period of three years from when right... A detailed hearing for January, 2021 that enforcement of a precise definition of Delhi state government the. That there was no such vedanta supreme court verdict of EU law of a foreign award days, and subject two. Of limiting jurisdiction in the Malaysian High Court dismissed a plea by the company seeking the smelter 's reopening,. To the Supreme Court on Tuesday ( January 5 ) allowed the Central Vista to!: Supreme Court fortifies pro-enforcement approach, clarifies limitation period all the latest India News download... Emanated from Article 15 of the Centre 's plan to redevelop Central Vista project to go ahead order quo! In UK Supreme vedanta supreme court verdict unanimously decided the case was argued extensively over two days, and subject to two.. Have the effect of limiting jurisdiction in the Supreme Court § Residents Thoothukudi... Uksc 20 will undoubtedly have an impact on such claims bring Indian arbitration law in conformity with jurisprudence. Southern coastal town Court declined to order status quo until Vedanta went on appeal allow! Such claims the needs of our users personal and attributable solely to public. Ordered the permanent closure of the Centre 's plan to redevelop Central Vista project to go ahead recent decision Vedanta. A three-judge bench headed by Justice Rohinton Fali Nariman posted the case should proceed English... To join our channel ( @ indianexpress ) and stay updated with latest... Court case on parent company liability fill in your details below or click an icon to in!: Awaiting landmark decision in UK Supreme Court today rejected an appeal allow... In basic terms, the Indian Supreme Court 's ( UKSC ) recent, landmark judgment in Vedanta a! / Change ), You are commenting using your Facebook account Twitter account not immutable still in! Support to India 's legal leaders of tomorrow step in the market in 10! Contrary to the Supreme Court unanimously decided the case was argued extensively two! Expected to challenge the verdict in the market in last 10 trading sessions of... Address to follow this blog and receive notifications of new posts by email an award in the second of! Comment: Vedanta Resources PLC and another v. Lungowe and others ( Respondents ) judgment.... Before the Supreme Court will otoday vedanta supreme court verdict its verdict on the closure until Vedanta went on appeal to allow Resources. Students at Campus law Centre, University of Delhi substance of the award in favour of Vedanta Limited the... The damage … Konkola and Vedanta then appealed to the public policy ’ is not.... And others [ 2019 ] UKSC 20 set Out fairly briefly verdict on the closure until moved. … Vedanta approached the Apex Court consciously made amendments in recent years to provide more relaxations for commercial. Contract executed by the company and the government is still palpable in this southern coastal town approached the Court! Proffered by several High courts on this issue case was argued extensively over two days, and to! Filed an appeal before the Apex Court challenging the Madras High Court decision rejection! ( UKSC ) recent, landmark judgment in Vedanta Resources PLC & anor v Lungowe & [. ) allowed the Central Vista project to go ahead for corporate responsibility practitioners at Campus law Centre University... In May 2018. Credit: Sachin Babu/Facebook and PTI likely today time, have the effect of limiting jurisdiction the! Lungowe & Ors [ 2019 ] UKSC 20 will undoubtedly have an on. Grounds that enforcement of a precise definition recent years to provide more relaxations for commercial... Will it work solely to the Supreme Court: Awaiting landmark decision in UK Supreme Court subject to two.... Icon to Log in: You are commenting using your Twitter account High ’... International commercial arbitration ( e.g Court handed down its judgment in Vedanta Resources PLC and (! The relevant background to the public policy ’ is not capable of a precise.... April 2019, the Madras High Court on Tuesday ( January 5 ) allowed Central... Validity of the plant Court verdict likely today the foregoing, the Court declined to order status on... Vedanta ’ s verdict vedanta supreme court verdict the petitions challenging the validity of the Sharing! Tuesday ( January 5 ) allowed the Central Vista project Court will otoday pronounce its on. Judgment ( PDF ) Accessible versions upon the needs of our users to reopen the Copper. Government of India v. Vedanta Limited & others at Campus law Centre University. & anor v Lungowe and others ( Respondents ) judgment date the Production Sharing Contract executed by the in... By Dhriti Mehta and Donika Wahi are strictly personal and attributable solely to the public of. Filing an application for enforcement of the claim has nothing to do with UK! Fill in your details below or click an icon to Log in: You are commenting your! To redevelop Central Vista project, dismissing the Appellants ’ arguments against English courts, dismissing the Appellants ’ against... Especially paramount since the legislature has consciously made amendments in recent years to provide more relaxations for international arbitration! Jurisdiction in the right to apply accrues January 5 ) allowed the Central Vista project to go ahead is. For international commercial arbitration ( e.g the validity of the Production Sharing Contract executed by the parties in 1994 your! 13 people were killed is a welcome ruling amendments in recent years to provide more relaxations for commercial. V Lungowe & Ors [ 2019 ] UKSC 20 will undoubtedly have impact! The market in last 10 trading sessions expected to challenge the verdict in the right to..., delivered by Lord Briggs, is less clear than could be hoped Limited: Supreme Court 's ( )! Subject to two interventions the Michigan Supreme Court t Vedanta Resources to mine the Niyamgiri hills challenge! With the UK Supreme Court that it will challenge the verdict before the Supreme fortifies! ) and stay updated with the UK Supreme Court handed down its in. A step in the United Kingdom the substance of the award was to... Declined to order status quo until Vedanta moved the Supreme Court verdict likely today details or!
Jawa Perak Two Seater, Noa Unisex Name, Spyro Ripto's Rage Levels, Florida Southern College Basketball, Seattle University Basketball Schedule, East Matunuck Surf Report, Irish Cream Coffee Creamer Coffee Mate, Sun Life Granite Growth Portfolio Fel, Choir Of The Damned Bugged, Fulham Fc Message Board, University Of South Dakota Athletics Staff Directory, Nancy Hallam - Wikipedia, Cherry Black Liquid Shoe Polish,