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India has lost an arbitration case in an international tribunal over its space marketing ...

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Press Trust of India
Last Updated : Jul 26 2016 | 7:42 PM IST
India has lost an arbitration case in an international tribunal over its space marketing agency Antrix Corp scrapping a deal with multimedia private firm Devas and is liable to pay compensation that could run into millions of dollars.
The Hague-based Permanent Court of Arbitration (PCA) in a ruling said the Indian government had acted "unfairly" and "inequitably" in nullifying the contract, the city-based Devas Multimedia Private Ltd said in a statement here today. The deal involved use of two satellites and spectrum in 2011.
The tribunal has found that Indian government's actions in the contract and denying private firm Devas commercial use of S-band spectrum constituted an expropriation, it said. In its ruling yesterday, the PCA tribunal also held that India breached its treaty commitments to accord fair and equitable treatment to Devas's foreign investors, it added.
Reacting to the ruling, the Government said it had invoked the essential security interests through "a well reasoned, valid and proper" Cabinet Committee on Security (CCS) decision.
It also said the limited liability of compensation shall be limited to 40 per cent of the value of the investment, adding, the precise quantum has not been determined as yet.
"The award of the Tribunal is being examined and legal recourse, as deemed fit, will be taken. We also remain committed to pursue our larger national interests including sovereign strategic security interests in this matter," the Department of Space(DoS) said in a statement. In the UNCITRAL arbitration between Government of India and Mauritius based investors of Devas under the Indo- Mauritius BIPA (Treaty), the Arbitral Tribunal had issued their award on Jurisdiction and Merits, it said. The Tribunal has said that GoI's essential security interest provisions of the Treaty do apply in this case to an extent, the DoS statement added.
In September 2015, in a jolt to Antrix, the commercial arm of ISRO, the International Chamber of Commerce's (ICC) arbitration body International Court of Arbitration had asked it to pay damages worth USD 672 million (Rs 4,432 crore then) to Devas Multimedia for "unlawfully" terminating the deal five years ago on grounds of national security.
The PCA regularly administers cases involving states, including investment treaty claims brought under arbitration rules of the United Nations Commission on International Trade Law (UNCITRAL).
The deal had cost five senior ISRO scientists, including its former chairman G Madhavan Nair, their government jobs.

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First Published: Jul 26 2016 | 7:42 PM IST

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