\"\"NEW DELHI: The government believes the ongoing Tata Sons-NTT Docomo dispute will not affect Indo-Japanese relations or trade. It perceives it to be a private dispute on a contract that was illegal to start with, as per both extant laws back in 2009 and current rules.
\n
\nHighly-placed officials added that the government is not trying to find creative ways to resolve the problem between the two warring partners. “It is surprising both companies supposed to have eminent legal teams did not understand laws before a contract was signed,” said one of the officials. The Tatas declined to comment as the matter was subjudice.
\n
\nDocomo didn’t respond to an emailed request for comment. However, a legal expert familiar with the Tatas perspective on the case disputed the contention of the government. “There was a ban on put and call options... People are now arguing that Tata signed an agreement which was illegal and it’s completely wrong. There was a proposal in September 2011 by the government which was withdrawn within 21 days and it means the put and call options were allowed at the time of signing,” the expert said.
\n
The person said it was in 2010 when the Reserve Bank of India came out with a clarification that put and call options were not allowed. December 2013 was when RBI<\/a> for the first time came out with its entire policy under FEMA<\/a> 20 that called put and call options and guaranteed return and guaranteed exit price as illegal. \"Prior to that there wasn't a single circular, single notification of RBI which anyway says put and call options are not permissible,\" the expert added.
\n
In November 2009, Japan’s largest mobile phone firm
NTT DoCoMo<\/a> acquired 26.5% in Tata Teleservices for about `12,740 crore. The two agreed that in case Docomo exits the venture within five years, it will be paid a minimum 50% of the acquisition price. However, RBI ruled that the option was not valid and any payment would have to be made at fair market value. The finance ministry also refused to make an exception were reasons cited by the Tatas for not paying the Japanese partner.
\n
With Docomo moving international arbitration in London, that court recently ordered
Tata Sons<\/a> to pay $1.17 billion (nearly `7,956 crore) for breach of contract on grounds that the Indian company neither found a buyer nor bought back its Japanese partner’s 26% in Tata Teleservices. However, Indian government officials say the arbitration was between two private parties. “That arbitration doesn’t apply to the laws of this land. It is between two private parties and the government is in no way a party to that arbitration,” said an official.
\n
\n“It was not a sovereign arbitrator. It (arbitration court) cannot perform functions that come in jurisdiction of our Parliament.” Docomo has also moved Delhi High Court to enforce international arbitration ruling against Tata Sons. The court has allowed till August 30 for both parties to resolve issues.
\n
\nDepending on the order, the concerned government agency may pursue further judicial actions, officials said. Officials stressed that the government is very serious about Japanese investments and is assured that the Docomo case will not affect them. “The investments are coming anyway. This is not a case of retrospective action.” Officials said there will no change in the laws either.
\n
\n“India has prudent laws with a purpose. FEMA is a liberal, trust based Act. Till laws are being followed, there will be no problems, or scrutiny but when there is an illegality, agencies are authorised to penalise the wrongdoers.”
\n
\nOfficials said there have been attempts by groups asking for the government to intervene but the Centre is clear that it does not want to go against the rules revised by the RBI in 2007 and averse to retrospective action. Another official added that New Delhi is very serious about foreign investment but that all of it has to follow rules.
\n
\n“We want to ensure entry and exit of foreign investors is through an open front door. No window or a back channel exit will be provided to anyone if they err,” said the second official. During his visit to India in December 2015, Japanese Prime Minister Shinzo Abe had said his government has come up with a special financial package to the tune of over $12 billion for Japanese companies wanting to invest in India.
\n
\nThe Japanese are also financing in loans India’s first high-speed fast train worth `98,000 crore, between Mumbai and Ahmedabad. It is expected to be completed by 2023.\n\n<\/body>","next_sibling":[{"msid":53916965,"title":"Qualcomm hopes to regain lost ground in India as 4G picks up pace: Paul Jacobs","entity_type":"ARTICLE","link":"\/news\/qualcomm-hopes-to-regain-lost-ground-in-the-india-as-4g-picks-up-pace-paul-jacobs\/53916965","category_name":null,"category_name_seo":"telecomnews"}],"related_content":[],"msid":53921200,"entity_type":"ARTICLE","title":"Tata-Docomo row not likely to hit Indo-Japan ties","synopsis":"The Japanese are also financing in loans India\u2019s first high-speed fast train worth `98,000 crore, between Mumbai and Ahmedabad. It is expected to be completed by 2023.","titleseo":"telecomnews\/tata-docomo-row-not-likely-to-hit-indo-japan-ties","status":"ACTIVE","authors":[{"author_name":"Vasudha Venugopal","author_link":"\/author\/479235709\/vasudha-venugopal","author_image":"https:\/\/etimg.etb2bimg.com\/authorthumb\/479235709.cms?width=100&height=100&hostid=268","author_additional":{"thumbsize":false,"msid":479235709,"author_name":"Vasudha Venugopal","author_seo_name":"vasudha-venugopal","designation":"Correspondent","agency":false}},{"author_name":"Romit Guha","author_link":"\/author\/479232631\/romit-guha","author_image":"https:\/\/etimg.etb2bimg.com\/authorthumb\/479232631.cms?width=100&height=100&hostid=268","author_additional":{"thumbsize":false,"msid":479232631,"author_name":"Romit Guha","author_seo_name":"romit-guha","designation":"Correspondent","agency":false}}],"Alttitle":{"minfo":""},"artag":"ET Bureau","artdate":"2016-08-30 08:12:34","lastupd":"2016-08-30 09:23:22","breadcrumbTags":["NTT Docomo","industry","RBI","Tata Sons","FEMA"],"secinfo":{"seolocation":"telecomnews\/tata-docomo-row-not-likely-to-hit-indo-japan-ties"}}" data-authors="[" vasudha venugopal","romit guha"]" data-category-name="" data-category_id="" data-date="2016-08-30" data-index="article_1">

Tata-Docomo行不可能触及Indo-Japan关系

日本也在印度贷款融资的第一条高速快车价值98000卢比,在孟买和艾哈迈达巴德。预计在2023年完工。

Vasudha Venugopal Romit古哈
  • 更新2016年8月30日09:23点坚持
新德里:政府认为目前塔塔Sons-NTT Docomo纠纷不会影响Indo-Japanese关系或贸易。它认为它是一个私人纠纷的合同上是非法的,根据现存的法律在2009年和现行规定。

身居高位的官员补充说,政府没有在寻找有创意的方法来解决两个敌对的伙伴之间的问题。“这是令人惊讶的两家公司应该有杰出的法律团队不懂法律在合同签署之前,”一名官员表示。坐镇的事subjudice拒绝置评。

Docomo没有回复电子邮件的置评请求。不过,法律专家熟悉再见视角有争议的政府的争用。“有……看涨与看跌期权的禁令人们现在认为塔塔签署了一项协议是违法的,这是完全错误的。有一个提议在2011年9月由政府撤回在21天内,这意味着被允许看涨与看跌期权的时候签署,”专家说。

的人说,这是在2010年印度央行(Reserve Bank of India)出来澄清,不允许看涨与看跌期权。2013年12月时印度储备银行首次推出了它的整个政策下联邦应急管理局20,并保证返回看涨与看跌期权和保证出口价格是非法的。”在此之前没有一个圆形,单通知央行无论如何说不容许,看涨与看跌期权”专家说。

2009年11月,日本最大的移动电话公司NTT DoCoMo获得26.5%,塔塔电信业务大约12740卢比。这两个同意,Docomo退出合资公司在五年内,它将支付最低收购价格的50%。然而,央行规定,选择是无效的和任何付款必须在公平市场价值。财政部也拒绝破例再见的原因不支付日本合作伙伴。

Docomo将在伦敦国际仲裁,法院最近下令塔塔的儿子支付11.7亿美元(近7956卢比)违反合同为由,印度公司既不找到一个买家也买回日本合作伙伴在塔塔电信业务的26%。然而,印度政府官员说,仲裁是两个私人派对。“仲裁并不适用于这片土地的法律。两个私人派对和政府之间是绝不仲裁的一方,”一位官员说。

“这不是一个主权仲裁员。它(仲裁法庭)不能执行功能,在我们管辖的议会。“Docomo还搬到德里高等法院执行国际仲裁裁决对塔塔的儿子。法庭允许直到8月30日双方解决问题。

根据订单,有关政府机构可能会进一步追求司法行为,官员说。官员强调,政府非常重视日本投资和保证Docomo的情况下不会影响他们。“投资未来。这不是一个回顾性的行动。“官员表示不会改变法律。

“印度已经谨慎的法律目的。联邦应急管理局是一个自由,基于信任的行为。直到法律之后,不会有问题,或审查但有违法行为时,机构授权惩罚做坏事的人。”

官员说有组织要求政府试图干预,但中心是明确的,它不希望违背规则修订2007年由印度储备银行和反对回顾行动。另一名官员补充说,新德里很严肃对待外国投资,但它必须遵循的规则。

“我们想要确保外国投资者的入口和出口是通过一个开放的大门。没有窗口或一个通道出口将提供给任何人如果他们犯错,”第二个官员表示。访问印度期间2015年12月,日本首相安倍晋三(Shinzo Abe)说,他的政府已经想出了一个特殊的金融方案的超过120亿美元的日本公司想要在印度投资。

日本也在印度贷款融资的第一条高速快车价值98000卢比,在孟买和艾哈迈达巴德。预计在2023年完工。
  • 发布于2016年8月30日08:12点坚持
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\"\"NEW DELHI: The government believes the ongoing Tata Sons-NTT Docomo dispute will not affect Indo-Japanese relations or trade. It perceives it to be a private dispute on a contract that was illegal to start with, as per both extant laws back in 2009 and current rules.
\n
\nHighly-placed officials added that the government is not trying to find creative ways to resolve the problem between the two warring partners. “It is surprising both companies supposed to have eminent legal teams did not understand laws before a contract was signed,” said one of the officials. The Tatas declined to comment as the matter was subjudice.
\n
\nDocomo didn’t respond to an emailed request for comment. However, a legal expert familiar with the Tatas perspective on the case disputed the contention of the government. “There was a ban on put and call options... People are now arguing that Tata signed an agreement which was illegal and it’s completely wrong. There was a proposal in September 2011 by the government which was withdrawn within 21 days and it means the put and call options were allowed at the time of signing,” the expert said.
\n
The person said it was in 2010 when the Reserve Bank of India came out with a clarification that put and call options were not allowed. December 2013 was when RBI<\/a> for the first time came out with its entire policy under FEMA<\/a> 20 that called put and call options and guaranteed return and guaranteed exit price as illegal. \"Prior to that there wasn't a single circular, single notification of RBI which anyway says put and call options are not permissible,\" the expert added.
\n
In November 2009, Japan’s largest mobile phone firm
NTT DoCoMo<\/a> acquired 26.5% in Tata Teleservices for about `12,740 crore. The two agreed that in case Docomo exits the venture within five years, it will be paid a minimum 50% of the acquisition price. However, RBI ruled that the option was not valid and any payment would have to be made at fair market value. The finance ministry also refused to make an exception were reasons cited by the Tatas for not paying the Japanese partner.
\n
With Docomo moving international arbitration in London, that court recently ordered
Tata Sons<\/a> to pay $1.17 billion (nearly `7,956 crore) for breach of contract on grounds that the Indian company neither found a buyer nor bought back its Japanese partner’s 26% in Tata Teleservices. However, Indian government officials say the arbitration was between two private parties. “That arbitration doesn’t apply to the laws of this land. It is between two private parties and the government is in no way a party to that arbitration,” said an official.
\n
\n“It was not a sovereign arbitrator. It (arbitration court) cannot perform functions that come in jurisdiction of our Parliament.” Docomo has also moved Delhi High Court to enforce international arbitration ruling against Tata Sons. The court has allowed till August 30 for both parties to resolve issues.
\n
\nDepending on the order, the concerned government agency may pursue further judicial actions, officials said. Officials stressed that the government is very serious about Japanese investments and is assured that the Docomo case will not affect them. “The investments are coming anyway. This is not a case of retrospective action.” Officials said there will no change in the laws either.
\n
\n“India has prudent laws with a purpose. FEMA is a liberal, trust based Act. Till laws are being followed, there will be no problems, or scrutiny but when there is an illegality, agencies are authorised to penalise the wrongdoers.”
\n
\nOfficials said there have been attempts by groups asking for the government to intervene but the Centre is clear that it does not want to go against the rules revised by the RBI in 2007 and averse to retrospective action. Another official added that New Delhi is very serious about foreign investment but that all of it has to follow rules.
\n
\n“We want to ensure entry and exit of foreign investors is through an open front door. No window or a back channel exit will be provided to anyone if they err,” said the second official. During his visit to India in December 2015, Japanese Prime Minister Shinzo Abe had said his government has come up with a special financial package to the tune of over $12 billion for Japanese companies wanting to invest in India.
\n
\nThe Japanese are also financing in loans India’s first high-speed fast train worth `98,000 crore, between Mumbai and Ahmedabad. It is expected to be completed by 2023.\n\n<\/body>","next_sibling":[{"msid":53916965,"title":"Qualcomm hopes to regain lost ground in India as 4G picks up pace: Paul Jacobs","entity_type":"ARTICLE","link":"\/news\/qualcomm-hopes-to-regain-lost-ground-in-the-india-as-4g-picks-up-pace-paul-jacobs\/53916965","category_name":null,"category_name_seo":"telecomnews"}],"related_content":[],"msid":53921200,"entity_type":"ARTICLE","title":"Tata-Docomo row not likely to hit Indo-Japan ties","synopsis":"The Japanese are also financing in loans India\u2019s first high-speed fast train worth `98,000 crore, between Mumbai and Ahmedabad. It is expected to be completed by 2023.","titleseo":"telecomnews\/tata-docomo-row-not-likely-to-hit-indo-japan-ties","status":"ACTIVE","authors":[{"author_name":"Vasudha Venugopal","author_link":"\/author\/479235709\/vasudha-venugopal","author_image":"https:\/\/etimg.etb2bimg.com\/authorthumb\/479235709.cms?width=100&height=100&hostid=268","author_additional":{"thumbsize":false,"msid":479235709,"author_name":"Vasudha Venugopal","author_seo_name":"vasudha-venugopal","designation":"Correspondent","agency":false}},{"author_name":"Romit Guha","author_link":"\/author\/479232631\/romit-guha","author_image":"https:\/\/etimg.etb2bimg.com\/authorthumb\/479232631.cms?width=100&height=100&hostid=268","author_additional":{"thumbsize":false,"msid":479232631,"author_name":"Romit Guha","author_seo_name":"romit-guha","designation":"Correspondent","agency":false}}],"Alttitle":{"minfo":""},"artag":"ET Bureau","artdate":"2016-08-30 08:12:34","lastupd":"2016-08-30 09:23:22","breadcrumbTags":["NTT Docomo","industry","RBI","Tata Sons","FEMA"],"secinfo":{"seolocation":"telecomnews\/tata-docomo-row-not-likely-to-hit-indo-japan-ties"}}" data-news_link="//www.iser-br.com/news/tata-docomo-row-not-likely-to-hit-indo-japan-ties/53921200">