The Michigan Supreme Court is providing the information on this site as a public service. This is especially paramount since the legislature has consciously made amendments in recent years to provide more relaxations for international commercial arbitration ( e.g. Reflections of an intern: Awaiting landmark decision in UK Supreme Court case on parent company liability. Extend your support to India's legal leaders of tomorrow. A local court also rejected Vedanta’s plea in August. This site uses Akismet to reduce spam. Change ). Importantly, the decision would not prejudice those who did not act within the three-year period as the Supreme Court has granted liberty to seek condonation of delay in filing application for the enforcement of the award and has expounded that the ambiguity on the issue of limitation period is sufficient ground to condone delays. Enter your email address to follow this blog and receive notifications of new posts by email. Change ), You are commenting using your Facebook account. Any exceptions to Article 4.1 are to … In a landmark ruling, the Indian Supreme Court today rejected an appeal to allow Vedanta Resources to mine the Niyamgiri hills. However, few positives have already been factored in the market in last 10 trading sessions. Anger against the company and the government is still palpable in this southern coastal town. * 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. It is important to mention that appeal in Okpabi has been granted following the Supreme Court’s unanimous decision in Lungowe v Vedanta “Vedanta”), another high-profile case concerning limits of the parent company liability for the acts and omissions of an overseas subsidiary. 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. 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. 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 . 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 held that there was no such abuse of EU law. [This guest post is authored by Dhriti Mehta and Donika Wahi. India, being a signatory to New York Convention, follows the approach of refusal to enforce an award on the public policy ground only if the award is so fundamentally offensive to the jurisdiction of the enforcement court’s notions of justice and morality. A three-judge Bench headed by Justice Rohinton Fali Nariman posted the case for detailed hearing in January 2021. The Supreme Court today reserved its judgement on a petition challenging the validity of the $8.5 billion Cairn-Vedanta deal and seeking a Central Bureau of Investigation (CBI) probe into it. The aforesaid provision  imposed a “cap” on the payment of the development costs to be made for the construction of the production capacity of 35000 barrels of oil per day to a particular “sum”. The decision undoubtedly paves the way for more environmental and human … New Delhi, Aug 26: Vedanta on Wednesday moved to the Supreme Court challenging the Madras High court's order, which had rejected Vedanta's … 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. The court judges knew what they had done. 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). In view of the foregoing, the Supreme Court’s decision in Vedanta is a welcome ruling. Lady Hale. Vedanta Resources PLC and another (Appellants) v Lungowe and others (Respondents) Judgment date. 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 … Consequently, disparate views had been proffered by several High Courts on this issue. The bench also refused to order status quo on the closure until Vedanta went on appeal to the Supreme Court. On 10 April 2019, the UK Supreme Court handed down its judgment in Vedanta Resources PLC and anor. The UK Supreme Court's (UKSC) recent, landmark judgment in Vedanta Resources PLC and anor. In December 2018, the National Green Tribunal (NGT) allowed the reopening of the plant, but this was set aside by the Supreme Court, which said the NGT did not have the jurisdiction, more so when an appeal was pending before the appellate authority. Vedanta Resources and subsidiary to face justice the UK over human rights harms in Zambia APRIL 10, 2019 Today, the ICJ and the CORE Coalition welcomed the decision of the United Kingdom Supreme Court to allow a complaint to proceed against Vedanta Resources Plc and its Zambian subsidiary Konkola Copper Mines (KCM), alleging serious harm from extraction activities in Zambia. However it may, in time, have the effect of limiting jurisdiction in the second type of case. Learn how your comment data is processed. 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. 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. In basic terms, the substance of the claim has nothing to do with the UK. However, recently in NAFED v. Alimenta[12], pronounced on 22 April 2020, the Supreme Court refused enforcement of foreign award on the account of it being in violation of public policy. The Indian government challenged the award in the Malaysian High Court on the grounds of public policy. The UK Supreme Court’s recent decision in Vedanta v. Lungowe is an important read for corporate responsibility practitioners. Oliver Holland, solicitor at … 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. Tuesday April 30, 2019. v Lungowe and others [2019] UKSC 20; a long awaited decision on parent company liability and the jurisdiction of English courts over transnational torts. 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