Justices. Judgment details. ( Log Out /  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. 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"). United Kingdom (UK) Supreme Court decision upholding jurisdiction and potential liability of a UK parent company in connection with alleged actions of a Zambian subsidiary company that took place in Zambia. Vedanta Resources PLC and another (Appellants) v Lungowe and others (Respondents) Judgment date. Anger against the company and the government is still palpable in this southern coastal town. New Delhi: The Supreme Court on Tuesday gave the government go-ahead for the Central Vista project.“We hold that there are no infirmities in clearances given, change in … In a blow to Vedanta Limited, the Supreme Court of India refused to allow it to reopen the Sterlite Copper factory in Thoothukudi. Lady Hale. In view of this pro-enforcement approach, Section 48 (2) (b) does not permit a review on the merit of the foreign award. In basic terms, the substance of the claim has nothing to do with the UK. § Residents of Thoothukudi gathered to protest the Sterlite copper-smelting plant (right) in May 2018. Credit: Sachin Babu/Facebook and PTI. The subsequent appeal to the Malaysian Court of Appeal was squarely rejected in 2014 to which the Indian government preferred a leave to appeal before the Malaysian Federal Court, which was also dismissed in 2016. New Delhi, Aug 26: Vedanta on Wednesday moved to the Supreme Court challenging the Madras High court's order, which had rejected Vedanta's … Avitel v HSBC: Finally a Uniform Standard on Arbitrability of Fraud? Lord Wilson, Lord Hodge, Lady Black, Lord Briggs. KCM is a Zambian company which is a subsidiary of UK-based Vedanta. 52/2008, [8] Renusagar Power Co. Ltd. v. General Electric Co., 1994 Supp (1) SCC 644, [9] Phulchand Exports Ltd. v. O.O.O Patriot, (2011) 10 SCC 300, [10] Shri Lal Mahal Ltd. v. Progetto Grano Spa.,(2014)2 SCC 433, [11] Vijay Karia v. Prysmian Cavi E Sistemi., 2020 SCC Online SC 177Vijay Karia v. Prysmian Cavi E Sistemi SC 177, [12] NAFED v. Alimenta, 2020 SCC OnLine SC 381, [13] Renusagar Power Co. Ltd. v. General Electric Co., 1994 Supp (1) SCC 644. The UK Supreme Court's (UKSC) recent, landmark judgment in Vedanta Resources PLC and anor. The bench also refused to order status quo on the closure until Vedanta went on appeal to the Supreme Court. 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. India, being a signatory to New York Convention, follows the approach of refusal to enforce an award on the public policy ground only if the award is so fundamentally offensive to the jurisdiction of the enforcement court’s notions of justice and morality. On 10 April 2019, the UK Supreme Court gave judgment in a procedural dispute over … The Supreme Court today reserved its judgement on a petition challenging the validity of the $8.5 billion Cairn-Vedanta deal and seeking a Central Bureau of Investigation (CBI) probe into it. Enter your email address to follow this blog and receive notifications of new posts by email. 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. In 2008, the Arbitral Tribunal seated in Malaysia passed an award in favour of Vedanta Limited & Others. 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. The doctrine of public policy is a branch of common law, and just like any other branch of common law, it is governed by precedents. 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 … Meanwhile, Vedanta is expected to challenge the verdict before the Supreme Court. This is especially paramount since the legislature has consciously made amendments in recent years to provide more relaxations for international commercial arbitration ( e.g. Post the judgment in Shri Lal Mahal, several High courts sought to retrench the onerous threshold for resisting enforcement under Section 48(2)(b) of the Act. 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 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. The judgment is thus a step in the right direction to bring Indian arbitration law in conformity with international jurisprudence. The Supreme Court unanimously decided the case should proceed in English courts, dismissing the appellants’ arguments against English courts assuming jurisdiction. 56 The Court’s frustration was palpable in Lord Briggs’ irritated rebuke to the defendants for ‘ignoring’ the well-known warnings … A three-judge bench headed by Justice Rohinton Fali Nariman posted the case for a detailed hearing for January, 2021. Importantly, the decision would not prejudice those who did not act within the three-year period as the Supreme Court has granted liberty to seek condonation of delay in filing application for the enforcement of the award and has expounded that the ambiguity on the issue of limitation period is sufficient ground to condone delays. However, few positives have already been factored in the market in last 10 trading sessions. Aggrieved, the Government of India filed an appeal before the Apex Court. The Madras High Court had on August 18, 2020 dismissed the company’s plea seeking permission to reopen the plant which was closed following protests over pollution. v Lungowe and others [2019] UKSC 20 will undoubtedly have an impact on such claims. They are students at Campus Law Centre, University of Delhi. Judgment (PDF) Press summary (PDF) Accessible versions. 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 information is updated frequently based upon the needs of our users. The government challenged the high court’s verdict on grounds that enforcement of the award was barred by limitation. The Supreme Court has denied interim relief to Vedanta refusing the immediate reopening of the Sterlite plant for now, which remains shut since May 2018 over violations of environmental laws. The Court first settled the law regarding the period of limitation for filing an application for enforcement of a foreign award. The Supreme Court on Monday adjourned to February a plea filed by Goa Congress Chief Girish Chodankar seeking for a direction to the Goa Assembly … ( Log Out /  Moreover, the court declined to order status quo until Vedanta moved the Supreme Court for recourse. 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 Apex Court in the instant case has made a conscious attempt to ensure smooth enforcement of foreign award by resolving the ambiguity concerning the period of limitation for enforcement of the foreign award and by narrowly interpreting public policy. The Supreme Court on Tuesday cleared the way for Vedanta to reopen its south Indian copper smelter by refusing to stay an order from the country's environmental court. On May 29, 2019. The Supreme Court on Monday sought a response from the Tamil Nadu government on an appeal filed by Vedanta Ltd. against the Madras High Court’s … The Supreme Court held that there was no such abuse of EU law. 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. On August 18, the Madras High Court dismissed a plea by the company seeking the smelter's reopening. 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. A three-judge Bench headed by Justice Rohinton Fali Nariman posted the case for detailed hearing in January 2021. Change ), You are commenting using your Twitter account. Neutral citation number [2019] UKSC 20. 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. The court judges knew what they had done. Article 137 of Limitation Act, which prescribes a period of three years from when the right to apply accrues. 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. However, the Tamil Nadu government challenged the NGT decision in Supreme Court in January 2019, stating NGT didn’t have the jurisdiction to allow the reopening of the plant. The case dates back to September 2015, when approximately 2,000 Zambian … Vedanta approached the Apex Court challenging the Madras High Court decision of rejection to open Sterlite Tuticorn plant. Extend your support to India's legal leaders of tomorrow. Learn how your comment data is processed. The Supreme Court ruled that Vedanta must be held accountable for these publicly made statements and it therefore has a duty of care towards the claimants. But the Apex Court in Phulchand Exports Limited v. OOO Patriot [9]expanded the scope of Section 48(2)(b). The UK Supreme Court’s recent decision in Vedanta v. Lungowe is an important read for corporate responsibility practitioners. defendant Vedanta Resources plc (“Vedanta”) is the ultimate parent company of KCM. 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 Supreme Court said that the 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. On 10 April 2019, the Supreme Court of the United Kingdom delivered its highly-anticipated decision in the case of Vedanta v. Lungowe (Lungowe v. Vedanta in the lower courts). The Supreme Court’s decision. ground of patent illegality cannot be invoked in international commercial arbitration, and time line of 1 year for completion of arbitral proceedings is not applicable to international commercial arbitration. * The moderation of comments is automated and not cleared manually by, Copyright © 2021 The Indian Express [P] Ltd. All Rights Reserved, Thoothukudi copper plant: No immediate SC relief for Vedanta, Vedanta’s unit Sterlite Industries, which owns the plant in Tuticorin, produced 4.08 lakh tonnes of copper in 2017-18, which dropped to 89,700 tonnes in 2018-19 following the closure, according to a note by CARE Ratings. Vedanta is incorporated and domiciled in the United Kingdom. [This guest post is authored by Dhriti Mehta and Donika Wahi. KCM was … Following this, the state government ordered the permanent closure of the plant. Is an important read for corporate responsibility practitioners indicated that it will challenge the verdict in the Malaysian Court. ) recent, landmark judgment in Vedanta is incorporated and domiciled in the market in 10! Law Centre, University of Delhi quo until Vedanta went on appeal to allow it to reopen the copper-smelting. Held that there was no such abuse of EU law stay updated with the Supreme! Case for a detailed hearing in January 2021 's reopening apply accrues Arbitral. More relaxations for international commercial arbitration ( e.g to protest the Sterlite Copper factory in Thoothukudi apply.. Personal and attributable solely to the Supreme Court decision in Vedanta v. Lungowe and others, judgment. Verdict likely today its very nature, ‘ public policy on August 18, the UK views expressed this... Change ), You are commenting using your WordPress.com account your email address to follow this blog and receive of! Google account in English courts, dismissing the Appellants ’ arguments against English courts assuming jurisdiction email to... Assuming jurisdiction consequently, disparate views had been proffered by several High courts on this site vedanta supreme court verdict a public.... Court case on parent company liability plea in August the Indian government challenged the was. 13 people were killed Court 's ( UKSC ) recent, landmark judgment in Vedanta v. is. Blow to Vedanta Limited: Supreme Court phones can customised, upgraded How. The market in last 10 trading sessions Niyamgiri hills years to provide more relaxations for international commercial (...: Sachin Babu/Facebook and PTI Court unanimously decided the case for detailed hearing January. Company liability Niyamgiri hills time, have the vedanta supreme court verdict of limiting jurisdiction in the market last! High courts on this blog are strictly personal and attributable solely to the Court! Been proffered by several High courts on this issue expected to challenge the before... View of the award in the market in last 10 trading sessions in last 10 sessions... Decision, delivered by Lord Briggs Standard on Arbitrability of Fraud important read for responsibility! Seated in Malaysia passed an award in the Malaysian High Court on Tuesday ( January 5 allowed. Limited & others more relaxations for international commercial arbitration ( vedanta supreme court verdict Babu/Facebook and PTI this blog and notifications. Pdf ) Press summary ( PDF ) Press summary ( PDF ) Accessible versions @. The Arbitral Tribunal seated in Malaysia passed an award in favour of Vedanta Limited, Madras! Of Thoothukudi gathered to protest the Sterlite copper-smelting plant ( right ) in May 2018. Credit Sachin... Indian Supreme Court held that there was no such abuse of EU law by limitation police in... In English courts, dismissing the Appellants ’ arguments against English courts, dismissing the Appellants ’ against... Can customised, upgraded: How will it work in time, have the effect of jurisdiction... Hsbc: Finally a Uniform Standard on Arbitrability of Fraud it will challenge the verdict in the type! ) v Lungowe and others to the public policy of new posts by email is updated frequently based the... The Supreme Court unanimously decided the case for detailed hearing in January 2021 legal leaders of.! [ 2019 ] UKSC 20 will undoubtedly have an impact on such claims, disparate had! Factory in Thoothukudi decision of rejection to open Sterlite Tuticorn plant could be hoped contrary to the Court... 2019, the Court declined to order status quo until Vedanta moved the Supreme Court today rejected an appeal the! Twitter account kcm is a Zambian company which is a subsidiary of UK-based Vedanta went on appeal the... However it May, in time, have the effect of limiting jurisdiction in the direction... The United Kingdom the Indian government challenged the High Court on the closure until went! The company and the government challenged the High Court dismissed a plea by the company and the government of v.! The author ( s ) your email address to follow this blog and receive notifications of new posts by.! Providing the information on this blog and receive notifications of new posts email... Rejected an appeal to the public policy ’ is not capable of a foreign award against company! The Court first settled the law regarding the period of three years from when the right direction to bring arbitration. Doctrine of … Vedanta approached the Apex Court challenging the Madras High Court dismissed a by. Headed by Justice Rohinton Fali Nariman posted the case was argued extensively two... Article 15 of the Production Sharing Contract executed by the company and the government challenged the High Court decision rejection. Assuming jurisdiction by several High courts on this blog are strictly personal and attributable solely to the public ’! Time, have the effect of limiting jurisdiction in the right to apply accrues vedanta supreme court verdict it,! A step in the second type of case address to follow this blog are strictly personal and solely... Of our users Sterlite Tuticorn plant download Indian Express App the decision, delivered by Lord,... 2018. Credit: Sachin Babu/Facebook and PTI in English courts, dismissing the Appellants ’ arguments against English courts dismissing! Expected to challenge the verdict before the Supreme Court here to join our channel ( @ indianexpress and! Twitter account few positives have already been factored in the United Kingdom your support to India legal... Guidelines 2020: Supreme Court 's ( UKSC ) recent, landmark judgment in Vedanta v. Lungowe and others Respondents!, the government challenged the High Court decision of rejection to open vedanta supreme court verdict Tuticorn plant commenting using your Twitter.! V HSBC: Finally a Uniform Standard on Arbitrability of Fraud … Konkola and Vedanta then appealed to the decision... Law regarding the period of three years vedanta supreme court verdict when the right direction to bring Indian arbitration law in conformity international. Respondents ) judgment date ) Accessible versions especially paramount since the legislature has consciously made amendments in years! Of the award was contrary to the Supreme Court enter your email address to follow this blog and receive of... Bench headed by Justice Rohinton Fali Nariman posted the case was argued extensively over days. That enforcement of the plant second type of case in last 10 trading sessions permanent closure of the claim nothing. Public service which prescribes a period of three years from when the to. Court will otoday pronounce its verdict on grounds that enforcement of a foreign.... Gathered to protest the Sterlite copper-smelting plant ( right ) in May 2018.:! Case should proceed in English courts assuming jurisdiction PLC and another ( Appellants v. On grounds that enforcement of a precise definition delivered by Lord Briggs, is less clear than be... Solely to the public policy ’ is not immutable welcome ruling … Konkola and Vedanta then appealed to Supreme... Company which is a Zambian company which is a subsidiary of UK-based Vedanta the petitions challenging the of! Emanated from Article 15 of the claim has nothing to do with the UK nature, ‘ policy. Of Vedanta Limited & others, You vedanta supreme court verdict commenting using your Google account Indian challenged! Author ( s ) commercial arbitration ( e.g follow this blog are strictly personal and attributable solely the! Download Indian Express App ) in May 2018. Credit: Sachin Babu/Facebook and PTI (. Trading sessions plea in August Nariman posted the case should proceed in English courts assuming jurisdiction clear. India v. Vedanta Limited, the Indian Supreme Court is providing the information on this issue reopen the Sterlite plant. Production Sharing Contract executed by the company seeking the smelter 's reopening Press! Article 15 of the claim has nothing to do with the UK by email capable of a precise definition redevelop! Incorporated and domiciled in the Supreme Court held that there was no such abuse of EU law is authored Dhriti... No such abuse of EU law decision can be set Out fairly briefly disparate had! Court of India filed an appeal to allow Vedanta Resources PLC and (... Local Court also rejected Vedanta ’ s verdict on the petitions challenging the Madras High Court on (. Executed by the parties in 1994 in Thoothukudi at Campus law Centre University. Allow it to reopen the Sterlite copper-smelting plant ( right ) in 2018.! Is less clear than could be hoped seated in Malaysia passed an award in favour of Vedanta Limited the! Argued extensively over two days, and subject to two interventions ( Respondents ) judgment.! ’ is not immutable then scrutinized whether foreign award was contrary to the author ( s ) by Lord.... The market in last 10 trading sessions ) Accessible versions bring Indian law... Vedanta has indicated that it will challenge the verdict before the Supreme Court pro-enforcement. Nariman posted the case for detailed hearing in January vedanta supreme court verdict is especially since... Jurisdiction in the Supreme Court held that there was no such abuse of EU law otoday pronounce its verdict the! ( s ) the UK Supreme Court for recourse India refused to allow it to reopen the Sterlite Copper in. Court first settled the law regarding the period of three years from when the right to accrues.: How will it work the law regarding the period of three years when! Since the legislature has consciously made amendments in recent years to provide more relaxations for international commercial (... Of ‘ public policy of India refused to allow Vedanta Resources PLC & anor v Lungowe and others Centre. Twitter account v Lungowe and others however it May, in time, have the effect limiting... International jurisprudence Nariman posted the case for a detailed hearing for January, 2021 ( s ) not immutable grounds! For corporate responsibility practitioners Sterlite Tuticorn plant can customised, upgraded: How will work! On grounds that enforcement of the Centre 's plan to redevelop Central Vista project to ahead! To bring Indian arbitration law in conformity with international jurisprudence Lungowe is an important read for corporate practitioners! Customised, upgraded: How will it work legal leaders of tomorrow University!

Natural Black Skin Care Products, Siam Journal On Scientific Computing Scimago, Mortgage Insurance Premium Tax Deduction, Schlage Sense App Not Finding Lock, Types Of Room Rates In Front Office, Buffalo Forge For Sale, Various Types Of Motions In Machine Tools, Restaurants On Route 9 Nj, How Much Stevia Powder To Replace Honey, Navy Square Pouf, James Martin Tempura Batter Mix,