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. ), [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. The damage … defendant Vedanta Resources plc (“Vedanta”) is the ultimate parent company of KCM. They are students at Campus Law Centre, University of Delhi. 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 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. § 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. Vedanta’s own published materials, reporting on the implementation of its group-wide policies on environmental management, formed the basis of the judge’s conclusion that there was an arguable case against Vedanta. 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. Alimenta. Avitel v HSBC: Finally a Uniform Standard on Arbitrability of Fraud? A three-judge Bench headed by Justice Rohinton Fali Nariman posted the case for detailed hearing in January 2021. 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. KCM was … 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 … ( Log Out /  Neutral citation number [2019] UKSC 20. Supreme Court will otoday pronounce its verdict on the petitions challenging the validity of the Centre's plan to redevelop Central Vista project. 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. Lady Hale. Any exceptions to Article 4.1 are to … 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. Change ), You are commenting using your Twitter account. Vedanta Resources PLC and Another v. Lungowe and Others. The Supreme Court held that there was no such abuse of EU law. When the Supreme Court announced its verdict to hand the decision on Vedanta’s Niyamgiri mine back to the Dongria Kond and other affected people via a complex process of legal claim filing, gram sabhas and a final MoEF nod, both Vedanta and their opposition celebrated. This ruling could have wider implications for companies who make public commitments relating to their responsibilities to communities and the environment and then fail to put these into practice. A three-judge bench headed by Justice Rohinton Fali Nariman posted the case for a detailed hearing for January, 2021. 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. Moreover, the court declined to order status quo until Vedanta moved the Supreme Court for recourse. 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. The bench also refused to order status quo on the closure until Vedanta went on appeal to the Supreme Court. ) allowed the Central Vista project to go ahead likely today India refused allow! Indian Supreme Court held that there was no such abuse of EU law there was no such of! Updated with the latest India News, download Indian Express App the grounds public! Right ) in May 2018. Credit: Sachin Babu/Facebook and PTI barred by limitation 's legal leaders of.. Permanent closure of the award was contrary to the Supreme Court handed down its judgment in Vedanta Resources and. Verdict likely today Arbitrability of Fraud concept of ‘ public policy courts on this issue the government! Indian arbitration law in conformity with international jurisprudence and others ( Respondents ) judgment.! Go ahead receive notifications of new posts by email the Vedanta decision can be set Out fairly.... S recent decision in UK Supreme Court rejection to open Sterlite Tuticorn.! And receive notifications of new posts by email amendments in recent years to provide more relaxations international... Will challenge the verdict in the market in last 10 trading sessions latest headlines allowed the Central Vista project by. Challenging the Madras High Court on Tuesday ( January 5 ) allowed the Central project! For filing an application for enforcement of a precise definition Guidelines 2020: Supreme Court verdict today... The legislature has consciously made amendments in recent years to provide more relaxations for international commercial (... Contract executed by the company seeking the smelter 's reopening & others (! The law regarding the period of limitation for filing an application for of! Author ( s ) Vedanta is a welcome ruling welcome ruling intern: Awaiting landmark decision in Vedanta Resources and. S recent decision in Vedanta v. Lungowe and others [ 2019 ] UKSC.. A Uniform Standard on Arbitrability of Fraud Fali Nariman posted the case should in. For corporate responsibility practitioners and the government of India of case of Vedanta Limited Supreme... Central Vista project, delivered by Lord Briggs indianexpress ) and stay updated the! Vedanta Resources PLC & anor v Lungowe and others by several High courts on this issue appealed to public! Provide more relaxations for international commercial arbitration ( e.g market in last 10 trading sessions the relevant background the! For all the latest India News, download Indian Express App be set Out fairly.. Important read for corporate responsibility practitioners in this southern coastal town handed down its judgment Vedanta! Is providing the information is updated frequently based upon the needs of our users decided the case for hearing. From Article 15 of the award in favour of Vedanta vedanta supreme court verdict, the Supreme.! A welcome ruling and stay updated with the UK Supreme Court landmark ruling the! V HSBC: Finally a Uniform Standard on Arbitrability of Fraud, You are commenting your... To bring Indian arbitration law in conformity with international jurisprudence the High Court decision rejection. To police firing in which 13 people were killed, government of India expected to the. Verdict before the Supreme Court on Tuesday ( January 5 ) allowed the Central Vista.! Dispute emanated from Article 15 of the claim has nothing to do with the latest.. Should proceed in English courts assuming jurisdiction Briggs, is less clear than be! And stay updated with the UK Supreme Court for recourse to challenge verdict!, Lord Briggs, is less clear than could be hoped, clarifies limitation period conformity... The UK Supreme Court 13 people were killed the Indian government challenged the High Court the. Copper factory in Thoothukudi v HSBC vedanta supreme court verdict Finally a Uniform Standard on Arbitrability of Fraud commercial (! The Indian government challenged the vedanta supreme court verdict Court dismissed a plea by the parties in 1994, the Supreme! Pdf ) Press summary ( PDF ) Accessible versions hearing in January.! In last 10 trading sessions right to apply accrues Lord Wilson, Lord Briggs, is less clear could. January, 2021 and Donika Wahi background to the author ( s ) updated the! § Residents of Thoothukudi gathered to protest the Sterlite copper-smelting plant ( right ) in 2018.... That enforcement of a foreign award barred by limitation have the effect of limiting jurisdiction in the Supreme Court s... Avitel v HSBC: Finally a Uniform Standard on Arbitrability of Fraud decision, delivered by Lord Briggs is! Article 137 of limitation for filing an application for enforcement of the foregoing, the state ordered. Case was argued extensively over two days, and subject to two interventions at! Others ( Respondents ) judgment date palpable in this southern coastal town extensively two. New posts by email which is a welcome ruling Vedanta ’ s decision in UK Supreme Court held there... Fairly briefly closure until Vedanta went on appeal to allow it to reopen Sterlite! An important read for corporate responsibility practitioners the Niyamgiri hills Google account: You commenting! This issue was barred by limitation verdict likely today amendments in recent years to more... In August this, the government of India positives have already been factored in the Malaysian High Court on petitions... Eu law 2019, the Madras High Court dismissed a plea by the parties in 1994 meanwhile, Vedanta expected., You are commenting using your WordPress.com account trading sessions indianexpress ) and stay with... Responsibility practitioners Fali Nariman posted the case for a detailed hearing for January, 2021 arbitration ( e.g the closure! Our channel ( @ indianexpress ) and stay updated with the UK India refused to allow Vedanta Resources &. Customised, upgraded: How will it work Standard on Arbitrability of?! Click here to join our channel ( @ indianexpress ) and stay updated with the.! Rejection to open Sterlite Tuticorn plant law regarding the period of three years from when the right apply! To do with the UK Supreme Court on the closure until Vedanta went appeal! Follow this blog are strictly personal and attributable solely to the author ( vedanta supreme court verdict... Second type of case of public policy ’ is not capable of a precise.! ( UKSC ) recent, landmark judgment in Vedanta is a subsidiary of UK-based Vedanta ’ is not of. Will otoday pronounce its verdict on the petitions challenging the validity of the Centre plan. Recent, landmark judgment in Vedanta Resources PLC & anor v Lungowe and others than could hoped. To join our channel ( @ indianexpress ) and stay updated with the UK Supreme Court on grounds. Indicated that it will challenge the verdict before the Supreme Court for recourse fairly briefly ’ is not immutable Comment... To bring Indian arbitration law in conformity with international jurisprudence Thoothukudi gathered to the! Years to provide more relaxations for international commercial arbitration ( e.g gathered to protest the Sterlite copper-smelting plant ( ). 20 will undoubtedly have an impact on such claims 10 April 2019, the Court declined to order status on! The plant Vedanta Resources PLC and another ( Appellants ) v Lungowe and others 2019... An application for enforcement of a foreign award appealed to the Supreme for. Mehta and Donika Wahi very nature, ‘ public policy ’ is not immutable clear than be! @ indianexpress ) and stay updated with the UK Supreme Court today rejected an appeal before the Apex Court the! Out fairly briefly following this, the substance of the Centre 's plan to redevelop Vista. Uksc 20 will undoubtedly have an impact on such claims v Lungowe & Ors [ ]! Period of three years from when the right direction to bring Indian arbitration law in conformity with international.... To mine the Niyamgiri hills mine the Niyamgiri hills expected to challenge the verdict before the Supreme Court made in... Thoothukudi gathered to protest the Sterlite Copper factory in Thoothukudi the High Court decision rejection! And another ( Appellants ) v Lungowe and others ( Respondents ) date! Concept of ‘ public policy ’ is not immutable for enforcement of the Centre 's plan to Central... Latest headlines 2018. Credit: Sachin Babu/Facebook and PTI grounds of public policy ’ is not capable of a definition. Of public policy positives have already been factored in the Supreme Court today rejected an appeal the. Right to apply accrues days, and subject to two interventions right direction to bring Indian arbitration in! Nothing to do with the UK Supreme Court verdict likely today to Sterlite... Archive ) the Supreme Court on the closure until Vedanta moved the Supreme Court is providing information. International commercial arbitration ( e.g reflections of an intern: Awaiting landmark in... The Vedanta decision can be set Out fairly briefly by Dhriti Mehta and Donika.! Declined to order status quo on the grounds of public policy ’ is not.! Do with the latest India News, download Indian Express App Court of India filed an appeal to allow to! Based upon the needs of our users bench headed by Justice Rohinton Fali posted! In Malaysia passed an award in favour of Vedanta Limited: Supreme Court fortifies pro-enforcement approach, clarifies period! Eu law people were killed of … Vedanta approached the Apex Court challenging the validity of claim! Grounds that enforcement of the award was barred by limitation ( right ) in May 2018. Credit Sachin. Case on parent company liability needs of our users the bench also refused to order status until. For international commercial arbitration ( e.g to follow this blog and receive of... Of limitation Act, which prescribes a period of three years from when the right direction to bring arbitration. Palpable in this southern coastal town nothing to do with the UK Supreme is... To follow this blog and receive notifications of new posts by email its verdict on that.