The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has held that the ongoing arbitration between broadcast major STAR India and telecom major BSNL is not valid and that it has the sole jurisdiction to decide on the disputes between the two.
“We have arrived at a finding that the arbitral tribunal did not have any jurisdiction to enter into a reference...If that be so, there cannot be any doubt or dispute that only this tribunal will have jurisdiction to determine the dispute and not the arbitral tribunal,” said TDSAT.
TDSAT bench headed by Justice S B Sinha also rejected BSNL’s submission and held that it has the jurisdiction to decide on a matter between a telecom operator and a broadcaster.
“We have no hesitation in holding that this tribunal has the jurisdiction to entertain the present petition,” said TDSAT.
The telecom PSU had contended had Star India was not a service provider under the Trai Act and hence the sectoral tribunal had no jurisdiction to decide on the issue.
The tribunal’s direction came over a petition filed by STAR India, which had entered into an agreement with BSNL to provide content snippets, jokes from the comedy shows, dialogues from the popular tele-serials, and replay of celebrity chat shows aired on its channels.
