vedanta supreme court verdict

Vedanta approached the Apex Court challenging the Madras High Court decision of rejection to open Sterlite Tuticorn plant. 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. A three-judge bench headed by Justice Rohinton Fali Nariman posted the case for a detailed hearing for January, 2021. The government challenged the high court’s verdict on grounds that enforcement of the award was barred by limitation. A three-judge Bench headed by Justice Rohinton Fali Nariman posted the case for detailed hearing in January 2021. 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 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. 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. However, the Malaysian High Court upon the application of Malaysian Arbitration Act, 2005 found no reason which would merit intervention with the award. Aggrieved, the Government of India filed an appeal before the Apex Court. The Apex Court then scrutinized whether foreign award was contrary to the Public Policy of India. The case dates back to September 2015, when approximately 2,000 Zambian … 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. 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The Supreme Court on Tuesday gave its nod to the central vista redevelopment project in a 2:1 verdict. Monday 25 March 2019. Click here to join our channel (@indianexpress) and stay updated with the latest headlines. ( Log Out /  Change ). 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. The judgment was however overruled by a three- judge bench in Shri Lal Mahal v. Progetto Grano Spa[10] (Shri Lal Mahal) wherein the Court held that Section 48(2)(b) did not extend to objections based on mere errors in foreign awards, including decision allegedly contrary to the agreement between the parties. The court judges knew what they had done. 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 . 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 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. 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. Any exceptions to Article 4.1 are to … Consequently, disparate views had been proffered by several High Courts on this issue. 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 Supreme Court was asked to deal with a number of questions relating to both the substantive legal basis for the claim, and jurisdiction. 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. 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. 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). Judgment (PDF) Press summary (PDF) Accessible versions. The case was argued extensively over two days, and subject to two interventions. 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 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 … Paul Sheridan, Jan Burgess and Laura Swithinbank, who work within the Environment and Health and Safety teams at CMS, comment on the decision handed down in the matter of Vedanta Resources Plc & Anor v Lungowe & Ors [2019] UKSC 20. ( Log Out /  In view of this pro-enforcement approach, Section 48 (2) (b) does not permit a review on the merit of the foreign award. Views expressed on this blog are strictly personal and attributable solely to the author(s). On May 29, 2019. On 10 April 2019, the UK Supreme Court handed down its judgment in Vedanta Resources PLC and anor. 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. "The doctrine of … 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. (Archive) The Supreme Court on Tuesday (January 5) allowed the central vista project to go ahead. Meanwhile, Vedanta is expected to challenge the verdict before the Supreme Court. Part II of Arbitration and Conciliation Act, 1996 does not contain any provision prescribing a period of limitation for filing an application for the enforcement of a foreign award under Section 47. ( Log Out /  However it may, in time, have the effect of limiting jurisdiction in the second type of case. 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. 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. However, few positives have already been factored in the market in last 10 trading sessions. 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 … This site uses Akismet to reduce spam. 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"). 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