vedanta supreme court verdict

On August 18, the Madras High Court dismissed a plea by the company seeking the smelter's reopening. 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. Supreme Court will otoday pronounce its verdict on the petitions challenging the validity of the Centre's plan to redevelop Central Vista project. Vedanta has indicated that it will challenge the verdict in the Supreme Court. Moreover, the court declined to order status quo until Vedanta moved the Supreme Court for recourse. 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 . 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. But the Apex Court in Phulchand Exports Limited v. OOO Patriot [9]expanded the scope of Section 48(2)(b). The Michigan Supreme Court is providing the information on this site as a public service. 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. In a blow to Vedanta Limited, the Supreme Court of India refused to allow it to reopen the Sterlite Copper factory in Thoothukudi. * 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. 10 Apr 2019. Change ). 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 … Fill in your details below or click an icon to log in: You are commenting using your WordPress.com account. 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. 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. Change ), You are commenting using your Facebook account. 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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 … In a landmark ruling, the Indian Supreme Court today rejected an appeal to allow Vedanta Resources to mine the Niyamgiri hills. Avitel v HSBC: Finally a Uniform Standard on Arbitrability of Fraud? 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. 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’s decision. However, the Malaysian High Court upon the application of Malaysian Arbitration Act, 2005 found no reason which would merit intervention with the award. Change ), You are commenting using your Twitter account. A three-judge Bench headed by Justice Rohinton Fali Nariman posted the case for detailed hearing in January 2021. However, few positives have already been factored in the market in last 10 trading sessions. Although every effort is made to maintain accurate information on this site, the Michigan Supreme Court does not guarantee the accuracy of … 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 … Lord Wilson, Lord Hodge, Lady Black, Lord Briggs. 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. However, few positives have already been factored in the market in last 10 trading sessions. The bench also refused to order status quo on the closure until Vedanta went on appeal to the Supreme Court. 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. Moreover, the court declined to order status quo until Vedanta moved the Supreme Court for recourse. 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 … Vedanta’s fight to produce again from the factory has been through multiple courts, including a favorable verdict for the commodities major by the National Green Tribunal and the Supreme Court subsequently stalling the reopening. § Residents of Thoothukudi gathered to protest the Sterlite copper-smelting plant (right) in May 2018. Credit: Sachin Babu/Facebook and PTI. Reflections of an intern: Awaiting landmark decision in UK Supreme Court case on parent company liability. ( Log Out /  Supreme Court will otoday pronounce its verdict on the petitions challenging the validity of the Centre's plan to redevelop Central Vista project. 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 Indian government challenged the award in the Malaysian High Court on the grounds of public policy. Enter your email address to follow this blog and receive notifications of new posts by email. Background. Although Vedanta … 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 post looks at how the law has changed and how responsible businesses can respond, reducing human rights risk to affected communities while also minimising legal risk. The government challenged the high court’s verdict on grounds that enforcement of the award was barred by limitation. Views expressed on this blog are strictly personal and attributable solely to the author(s). MUMBAI: Supreme Court's verdict on Niyamgiri mines today and on Goa mining tomorrow will decide the stock price movement of Sterlite Industries and Sesa Goa on the bourses in the short term. The Court  then referred to the works of Albert van den Berg in his Commentary on “The New York Arbitration Convention, 1958:Towards a Uniform Judicial Interpretation” as well as ICCI’s guide to conclude that it is a well settled position in law that there shall beno review on merits. In basic terms, the substance of the claim has nothing to do with the UK. Lady Hale. 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. A local court also rejected Vedanta’s plea in August. ), [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 2008, the Arbitral Tribunal seated in Malaysia passed an award in favour of Vedanta Limited & Others. [This guest post is authored by Dhriti Mehta and Donika Wahi. The ruling of the Supreme Court in this case thus reversed the pro-enforcement trend that the Indian Courts had developed with respect to the enforcement of a foreign award in the past few years. This is especially paramount since the legislature has consciously made amendments in recent years to provide more relaxations for international commercial arbitration ( e.g. The Supreme Court, like the High Court and the Court of Appeal before it, has decided that the courts of England and Wales can hear the dispute. 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. 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. 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 High Court had concluded Vedanta was sued in England genuinely, albeit that attracting English jurisdiction over KCM was an important contributor to that decision. 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 Tamil Nadu State Pollution Control Board (TNPCB) shut down Vedanta’s Sterlite copper plant in Thoothukudi in 2018, citing violations of environmental laws. 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. You are commenting using your WordPress.com account copper-smelting plant ( right ) in May Credit. In 1994 the grounds of vedanta supreme court verdict policy anor v Lungowe & Ors [ 2019 ] 20... Plea in August pronounce its verdict on the petitions challenging the Madras High Court dismissed plea. Of an intern: Awaiting landmark decision in Vedanta Resources PLC and another Appellants. For international commercial arbitration ( e.g Respondents ) judgment date, which prescribes a period of limitation,... Recent years to provide more relaxations for international commercial arbitration ( e.g Accessible versions this issue the verdict in market... 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