New Delhi: The Centre Tuesday sought time in the Delhi High Court<\/a> to respond whether it would challenge an international arbitration tribunal's award in favour of telecom major Vodafone<\/a> under the India-Netherland Bilateral Investment Protection Agreement (BIPA<\/a>) in connection with Rs 22,100 crore tax demand. A bench of Justices Rajiv Sahai Endlaw and Asha Menon was informed by Additional Solicitor General (ASG) Chetan Sharma that the instructions are still awaited as the decision is to be taken by the empowered committee of the Central government, which has not met. 中心周二在德里高等法院寻求时间回应是否会挑战国际仲裁法庭的裁决支持沃达丰电信主要根据India-Netherland双边投资保护协议(BIPA)与22100卢比税收需求。 新德里:中心周二寻求时间德里高等法院回应是否会挑战国际仲裁法庭的裁决支持电信专业沃达丰(Vodafone)根据India-Netherland双边投资保护协议(BIPA)与22100卢比税收需求。长椅上的大法官Rajiv Sahai Endlaw和阿莎·梅农被额外通知副检察长(ASG) androidd指令仍在等待的决定是由中央政府的授权委员会,并没有见过面。
The ASG's reply came on the court's query raised on October 7 as to whether it intends to abide by the international arbitration tribunal's decision or will challenge it further.
Senior advocate Harish Salve<\/a>, representing Vodafone, said there was no cause left for the continuation of the present injunction proceedings.
He submitted that the Vodafone shall not proceed with the second international arbitration under the India-UK BIPA, commenced in Singapore, until the award published under the India-Netherland BIPA, if at all, is set aside.
The bench, in its order, said, \"We are of the view that in view of the said statement of vodafone, the appeal can be disposed of.\"
The ASG sought two weeks time to consider this and the court listed the matter for further hearing on December 8.
In September, an international arbitration court has ruled that the Indian government seeking Rs 22,100 crore in taxes from Vodafone using retrospective legislation was in \"breach of the guarantee of fair and equitable treatment\" guaranteed under the bilateral investment protection pact between India and the Netherlands.
The high court was hearing Centre' plea against the international arbitration the company has initiated against India under the India-UK Bilateral Investment Protection Agreement (BIPA) in connection with a tax demand.
The central government has appealed against a single judge order of May 7, 2018 dismissing its plea against the international arbitration initiated by Vodafone.
The division bench had in May 2018 issued notice to Vodafone and sought its reply to the government's appeal.
The Centre has challenged the decision of the single judge permitting consolidation of two international arbitrations initiated by the company against India under the India-Netherlands and India-UK BIPA.
Vodafone had initiated the arbitration proceedings under the India-UK and India-Netherlands BIPA in connection with the tax demand raised against it in relation to its USD 11 billion deal to acquire the stake of Hutchison Telecom<\/a>.
While proceedings under the India-Netherlands BIPA were pending, the telecom major initiated a second arbitration under India-UK BIPA as well on January 24, 2017.
The Centre had contended before the single judge that the Vodafone Group<\/a> had abused the process of law by initiating two international arbitrations.
The single judge, while dismissing the Centre's plea, had given it liberty to raise the issue of 'abuse of process' before the consolidated India-UK BIPA tribunal.
He had said the Centre was a party to the BIPA, a treaty between two sovereign governments (of the United Kingdom and India). The obligations under such treaties were not subject to domestic laws and disputes arising out of them were not subject to the jurisdiction of the national courts, the judge had observed.<\/p><\/body>","next_sibling":[{"msid":79265088,"title":"OPPO unveils rollable concept phone, AR Glass 2021","entity_type":"ARTICLE","link":"\/news\/oppo-unveils-rollable-concept-phone-ar-glass-2021\/79265088","category_name":null,"category_name_seo":"telecomnews"}],"related_content":[{"msid":"79265168","title":"Vodafone.","entity_type":"IMAGES","seopath":"telecomnews\/centre-asks-for-time-for-decision-on-appealing-against-intl-arbitration-award-in-vodafones-favour\/vodafone-","category_name":"Centre asks for time for decision on appealing against int'l arbitration award in Vodafone's favour","synopsis":"File image ","thumb":"https:\/\/etimg.etb2bimg.com\/thumb\/img-size-20360\/79265168.cms?width=150&height=112","link":"\/image\/centre-asks-for-time-for-decision-on-appealing-against-intl-arbitration-award-in-vodafones-favour\/vodafone-\/79265168"}],"msid":79265155,"entity_type":"ARTICLE","title":"Centre asks for time for decision on appealing against int'l arbitration award in Vodafone's favour","synopsis":"The Centre Tuesday sought time in the Delhi High Court to respond whether it would challenge an international arbitration tribunal's award in favour of telecom major Vodafone under the India-Netherland Bilateral Investment Protection Agreement (BIPA) in connection with Rs 22,100 crore tax demand. ","titleseo":"telecomnews\/centre-asks-for-time-for-decision-on-appealing-against-intl-arbitration-award-in-vodafones-favour","status":"ACTIVE","authors":[],"analytics":{"comments":0,"views":650,"shares":0,"engagementtimems":3216000},"Alttitle":{"minfo":""},"artag":"PTI","artdate":"2020-11-17 19:31:00","lastupd":"2020-11-17 19:32:18","breadcrumbTags":["Vodafone","delhi high court","BIPA","harish salve","Hutchison Telecom","Industry","Vodafone arbitration","Vodafone group","vodafone india","telecom news"],"secinfo":{"seolocation":"telecomnews\/centre-asks-for-time-for-decision-on-appealing-against-intl-arbitration-award-in-vodafones-favour"}}" data-authors="[" "]" data-category-name="" data-category_id="" data-date="2020-11-17" data-index="article_1">
中心要求时间决定提出上诉国际仲裁裁决对沃达丰的有利
ASG的答复是在法院的查询了10月7日是否它打算遵守国际仲裁庭的决定或将进一步挑战它。
他提交,沃达丰(Vodafone)不得进行第二国际仲裁在India-UK BIPA,开始在新加坡,直到奖发表下India-Netherland BIPA,如果,备用。
板凳上,在其顺序,说:“我们认为,鉴于沃达丰的声明说,上诉可以处理的。”
ASG寻求两周时间来考虑,法院此事进一步听力12月8日上市。
今年9月,国际仲裁法庭裁决,印度政府寻求沃达丰22100卢比的税使用回顾性立法在“违反公平和公正待遇”的保证担保在印度和荷兰之间的双边投资保护协定。
高等法院是听力中心对国际仲裁请求下的公司发起了反对印度India-UK双边投资保护协定(BIPA)与税务有关的需求。
中央政府已经提出上诉一个法官5月7日,2018年驳回其请求国际仲裁由沃达丰。
长椅上的部门就有2018年5月发布通知沃达丰并寻求其回复政府的上诉。
该中心挑战单一法官的决定允许合并两个国际仲裁由公司对印度India-Netherlands下India-UK BIPA。
沃达丰(Vodafone)启动了仲裁程序India-UK下India-Netherlands BIPA与税收有关的需求提出反对在其110亿美元收购的股份和记黄埔电信。
当程序在India-Netherlands BIPA悬而未决,电信主要发起第二次仲裁下India-UK BIPA 1月24日,2017年。
以前认为单一中心判断的沃达丰集团滥用法律程序的启动两个国际仲裁。
单一法官,而解雇该中心的请求,给它自由提高过程的滥用问题之前合并India-UK BIPA法庭。
他说该中心是一个政党BIPA,两个主权国家政府之间的条约(英国和印度)。这样的条约下的义务不受国内法律和纠纷是不受国家管辖法院,法官已经观察到。
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New Delhi: The Centre Tuesday sought time in the Delhi High Court<\/a> to respond whether it would challenge an international arbitration tribunal's award in favour of telecom major Vodafone<\/a> under the India-Netherland Bilateral Investment Protection Agreement (BIPA<\/a>) in connection with Rs 22,100 crore tax demand. A bench of Justices Rajiv Sahai Endlaw and Asha Menon was informed by Additional Solicitor General (ASG) Chetan Sharma that the instructions are still awaited as the decision is to be taken by the empowered committee of the Central government, which has not met.
The ASG's reply came on the court's query raised on October 7 as to whether it intends to abide by the international arbitration tribunal's decision or will challenge it further.
Senior advocate Harish Salve<\/a>, representing Vodafone, said there was no cause left for the continuation of the present injunction proceedings.
He submitted that the Vodafone shall not proceed with the second international arbitration under the India-UK BIPA, commenced in Singapore, until the award published under the India-Netherland BIPA, if at all, is set aside.
The bench, in its order, said, \"We are of the view that in view of the said statement of vodafone, the appeal can be disposed of.\"
The ASG sought two weeks time to consider this and the court listed the matter for further hearing on December 8.
In September, an international arbitration court has ruled that the Indian government seeking Rs 22,100 crore in taxes from Vodafone using retrospective legislation was in \"breach of the guarantee of fair and equitable treatment\" guaranteed under the bilateral investment protection pact between India and the Netherlands.
The high court was hearing Centre' plea against the international arbitration the company has initiated against India under the India-UK Bilateral Investment Protection Agreement (BIPA) in connection with a tax demand.
The central government has appealed against a single judge order of May 7, 2018 dismissing its plea against the international arbitration initiated by Vodafone.
The division bench had in May 2018 issued notice to Vodafone and sought its reply to the government's appeal.
The Centre has challenged the decision of the single judge permitting consolidation of two international arbitrations initiated by the company against India under the India-Netherlands and India-UK BIPA.
Vodafone had initiated the arbitration proceedings under the India-UK and India-Netherlands BIPA in connection with the tax demand raised against it in relation to its USD 11 billion deal to acquire the stake of Hutchison Telecom<\/a>.
While proceedings under the India-Netherlands BIPA were pending, the telecom major initiated a second arbitration under India-UK BIPA as well on January 24, 2017.
The Centre had contended before the single judge that the Vodafone Group<\/a> had abused the process of law by initiating two international arbitrations.
The single judge, while dismissing the Centre's plea, had given it liberty to raise the issue of 'abuse of process' before the consolidated India-UK BIPA tribunal.
He had said the Centre was a party to the BIPA, a treaty between two sovereign governments (of the United Kingdom and India). The obligations under such treaties were not subject to domestic laws and disputes arising out of them were not subject to the jurisdiction of the national courts, the judge had observed.<\/p><\/body>","next_sibling":[{"msid":79265088,"title":"OPPO unveils rollable concept phone, AR Glass 2021","entity_type":"ARTICLE","link":"\/news\/oppo-unveils-rollable-concept-phone-ar-glass-2021\/79265088","category_name":null,"category_name_seo":"telecomnews"}],"related_content":[{"msid":"79265168","title":"Vodafone.","entity_type":"IMAGES","seopath":"telecomnews\/centre-asks-for-time-for-decision-on-appealing-against-intl-arbitration-award-in-vodafones-favour\/vodafone-","category_name":"Centre asks for time for decision on appealing against int'l arbitration award in Vodafone's favour","synopsis":"File image ","thumb":"https:\/\/etimg.etb2bimg.com\/thumb\/img-size-20360\/79265168.cms?width=150&height=112","link":"\/image\/centre-asks-for-time-for-decision-on-appealing-against-intl-arbitration-award-in-vodafones-favour\/vodafone-\/79265168"}],"msid":79265155,"entity_type":"ARTICLE","title":"Centre asks for time for decision on appealing against int'l arbitration award in Vodafone's favour","synopsis":"The Centre Tuesday sought time in the Delhi High Court to respond whether it would challenge an international arbitration tribunal's award in favour of telecom major Vodafone under the India-Netherland Bilateral Investment Protection Agreement (BIPA) in connection with Rs 22,100 crore tax demand. ","titleseo":"telecomnews\/centre-asks-for-time-for-decision-on-appealing-against-intl-arbitration-award-in-vodafones-favour","status":"ACTIVE","authors":[],"analytics":{"comments":0,"views":650,"shares":0,"engagementtimems":3216000},"Alttitle":{"minfo":""},"artag":"PTI","artdate":"2020-11-17 19:31:00","lastupd":"2020-11-17 19:32:18","breadcrumbTags":["Vodafone","delhi high court","BIPA","harish salve","Hutchison Telecom","Industry","Vodafone arbitration","Vodafone group","vodafone india","telecom news"],"secinfo":{"seolocation":"telecomnews\/centre-asks-for-time-for-decision-on-appealing-against-intl-arbitration-award-in-vodafones-favour"}}" data-news_link="//www.iser-br.com/news/centre-asks-for-time-for-decision-on-appealing-against-intl-arbitration-award-in-vodafones-favour/79265155">
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