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India cuts arbitration time for foreign investors in UAE pact

India cuts arbitration time for foreign investors in UAE pact

Rediff.com8 Oct 2024

India has reduced the time period for foreign investors to seek international arbitration from five years to three years as part of the recently signed investment pact with the United Arab Emirates (UAE), a departure from its model Bilateral Investment Treaty (BIT). Under the Investor-State Dispute Settlement (ISDS) mechanism, if the Indian judicial system is unable to resolve a dispute within this shortened period, investors can resort to international arbitration. The investment pact, signed on February 13 in Abu Dhabi, came into force on August 31, replacing the previous pact.

Zee, Sony amicably settle disputes over their failed merger, to withdraw claims

Zee, Sony amicably settle disputes over their failed merger, to withdraw claims

Rediff.com27 Aug 2024

ZEE Entertainment Enterprises Ltd (ZEEL) and Sony Pictures Networks India on Tuesday said they have settled their six-month-long dispute related to the failed $10-billion merger and have agreed to withdraw all claims against each other. As part of the "comprehensive non-cash settlement" between ZEEL and Culver Max Entertainment Pvt Ltd (CMEPL), both "have mutually agreed to withdraw all respective claims against each other, in the ongoing arbitration at the SIAC and all related legal proceedings initiated in the NCLT and other forums," said a joint statement.

A Lot At Stake For India In US' Indo-Pacific Strategy

A Lot At Stake For India In US' Indo-Pacific Strategy

Rediff.com28 Sep 2023

India is increasingly a willing participant in the evolving US' Indo-Pacific strategy. While these developments are related to the perception of a growing Chinese security challenge, their implications for India's much-vaunted strategic autonomy should be a matter of deeper and closer reflection, asserts former foreign secretary Shyam Saran.

Sort it out yourselves, SC tells sparring Lalit Modi, Mukul Rohatgi

Sort it out yourselves, SC tells sparring Lalit Modi, Mukul Rohatgi

Rediff.com27 Jan 2023

The Supreme Court on Friday refused to pass any order on a plea alleging that former IPL commissioner Lalit Modi made "scurrilous" remarks against former attorney general and senior advocate Mukul Rohatgi in a social media post.

'Intransigence': India issues notice to Pak for modification of Indus Waters Treaty

'Intransigence': India issues notice to Pak for modification of Indus Waters Treaty

Rediff.com27 Jan 2023

The sources said India has always been a steadfast supporter and a responsible partner in implementing the IWT in letter and spirit.

Former SC judge PV Reddi to mediate SpiceJet-Kalanithi Maran spat

Former SC judge PV Reddi to mediate SpiceJet-Kalanithi Maran spat

Rediff.com8 Sep 2022

The Supreme Court has appointed its former judge P V Reddi to mediate the dispute between SpiceJet and its former promoter Kalinithi Maran, the airline said on Wednesday. The dispute dates back to 2015, when Maran sold his stake in SpiceJet of 58.46 per cent, or 50.4 million shares, to Ajay Singh for Rs 2 after the airline suffered financial trouble. A year later, Maran approached the Delhi high court, alleging a breach of agreement by Singh for not issuing him 189 million share warrants and preference shares despite Maran's Rs 679-crore infusion.

SC may settle disputes between SpiceJet & Kalanithi Maran

SC may settle disputes between SpiceJet & Kalanithi Maran

Rediff.com16 Aug 2022

The Supreme Court on Tuesday said it would consider a joint request for mediation of low-cost airline SpiceJet and media baron Kalanithi Maran and his Kal Airways for amicably settling all pending disputes between them including the row over the share-transfer issue. A bench comprising Chief Justice N V Ramana and Justices J K Maheshwari and Hima Kohli was apprised by senior advocate Mukul Rohatgi, appearing for SpiceJet, that there were three pending issues between the low-cost airline and Maran and out of these, one has been settled on July 29. Initially, Rohatgi sought four to six week time for settling all the issues between the parties.

Lalit Modi property dispute: Justice Raveendran to mediate

Lalit Modi property dispute: Justice Raveendran to mediate

Rediff.com1 Aug 2022

The Supreme Court on Monday appointed former apex court judge Justice R V Raveendran as a mediator to settle the family property dispute involving businessman and former IPL head Lalit Modi and his mother Bina Modi. The apex court observed that counsel appearing for both sides agreed that they would go without any pre-condition and with an open mind to settle the dispute in mediation. "....We also think the issue can be resolved by way of mediation," a bench headed by Chief Justice N V Ramana said. "Accordingly, we appoint Justice R V Raveendran, a retired judge of this court, to mediate and settle the dispute," said the bench, also comprising justices Krishna Murari and Hima Kohli.

India pays Cairn Rs 7,900 cr to settle retro tax dispute

India pays Cairn Rs 7,900 cr to settle retro tax dispute

Rediff.com24 Feb 2022

The Indian government has paid Cairn Energy Plc Rs 7,900 crore to refund taxes it had collected to enforce a retrospective tax demand, ending a seven-year-old dispute that had tarred the country's image as an investment destination. The company, which is now known as Capricorn Energy PLC, in a statement said it has received "net proceeds of $1.06 billion", of which nearly 70 per cent will be returned to the shareholders. The tax department had used a 2012 legislation, which gave it powers to go back 50 years and slap capital gains levies wherever ownership had changed hands overseas but business assets were in India, to seek Rs 10,247 crore in taxes from Cairn.

Govt has ambitious plans for the GIFT City

Govt has ambitious plans for the GIFT City

Rediff.com1 Feb 2022

The government on Tuesday said it will allow setting up of world-class foreign universities in Gandhinagar's GIFT City, free from domestic regulations, to facilitate availability of skilled manpower in the financial services space. In addition, an international arbitration centre will be set up in the GIFT City for timely settlement of disputes under international jurisprudence, Finance Minister Nirmala Sitharaman said while presenting the Union Budget for 2022-23. The centre could be on the lines of the Singapore International Arbitration Centre, or the London Commercial Arbitration Centre.

Devas shareholders to continue seizing Indian assets abroad

Devas shareholders to continue seizing Indian assets abroad

Rediff.com23 Jan 2022

Unfazed by the Supreme Court upholding winding up of the company, shareholders of Devas Multimedia will continue to seek seizure of Indian government assets abroad to collect $1.2 billion the firm has been awarded by arbitration tribunals for cancellation of a satellite deal but are open for talks to settle the issue, their counsel said. "The decision by the Supreme Court does not change anything. The Modi government and the Indian courts cannot rewrite the facts. "Their flimsy allegations of fraud will never stand up in courts outside of India," said Matthew D McGill, partner at Gibson, Dunn & Crutcher, and lead counsel for several Devas' shareholders.

Devas wins plea to seize Indian property in cancelled Isro deal

Devas wins plea to seize Indian property in cancelled Isro deal

Rediff.com13 Jan 2022

A French court has ordered freezing of an Indian government property in Paris on a plea by Devas shareholders who are seeking to enforce a USD 1.3 billion arbitration award over a cancelled satellite contract, according to the court order copy.

Business Families and their UGLY succession battles

Business Families and their UGLY succession battles

Rediff.com31 Dec 2021

The world is full of family businesses that withered away with the passing of generations, creating much bitterness and ill will. Entire clans that used to be household names have become pale shadows of their once-mighty empires.

Retro Tax: Cairn drops lawsuits in US, UK

Retro Tax: Cairn drops lawsuits in US, UK

Rediff.com26 Dec 2021

Britain's Cairn Energy Plc has dropped lawsuits against the Indian government and its entities in the US and other places and is in the final stages of withdrawing cases in Paris and the Netherlands to get back about Rs 7,900 crore that were collected from it to enforce a retrospective tax demand. As part of the settlement reached with the government to the seven-year old dispute over levy of back taxes, the company - which is now known as Capricorn Energy PLC - has initiated proceedings to withdraw lawsuits it had filed in several jurisdictions to enforce an international arbitration award which had overturned levy of Rs 10,247 crore retrospective taxes and ordered India to refund the money already collected. Two sources with direct knowledge of the matter said Cairn on November 26 withdrew the lawsuit it had brought in Mauritius for recognition of the arbitration award and took similar measures in courts in Singapore, the UK and Canada.

Vodafone Group applies for settlement of retro tax dispute

Vodafone Group applies for settlement of retro tax dispute

Rediff.com3 Dec 2021

Vodafone further said it has "always been confident" that no tax is due on the company. The government in August enacted a law to end all retrospective taxation imposed on indirect transfer of Indian assets. The rules under the law seek to withdraw tax demands made using a 2012 retrospective legislation to tax the indirect transfer of Indian assets and also refund the amount paid in these cases without any interest. Asked if the company has filed an application with the Indian government to settle the retrospective tax dispute, a Vodafone spokesperson said, "We can confirm we have filed an application".

New York court pauses Cairn tax suit

New York court pauses Cairn tax suit

Rediff.com26 Sep 2021

A New York court has paused Cairn Energy's pursuit of US assets of Air India for the recovery of $1.2 billion arbitral award, so as to allow the British firm to reach a settlement with the Indian government on the long drawn dispute. The New York district court delayed the tax suit to November 18, according to court documents reviewed by PTI. This follows Cairn Energy and Air India jointly asking the court to stay further proceedings in view of the fresh government enacting a fresh law to scrap retrospective taxation in the country.

India asks US court to reject Cairn's $1.2 bn suit

India asks US court to reject Cairn's $1.2 bn suit

Rediff.com17 Aug 2021

The Indian government has asked a federal court in Washington to dismiss Britain's Cairn Energy suit seeking enforcement of a $1.2 billion arbitral award, saying it had sovereign immunity under US law. Cairn had in May asked a US federal court to force Air India to pay a $1.26 billion arbitration award the firm had won in December. The government on August 13 filed a 'Motion to Dismiss' petition in the US District Court for the District of Colombia, saying it lacked subject matter jurisdiction in the dispute between Cairn and the Indian tax authority, according to a filing seen by PTI.

Kirloskar family feud: Brothers' firms spar over 130-year-old legacy

Kirloskar family feud: Brothers' firms spar over 130-year-old legacy

Rediff.com27 Jul 2021

Kirloskar Brothers Ltd (KBL), led by Sanjay Kirloskar, on Tuesday accused four firms under his brothers Atul and Rahul of trying to "usurp" its legacy of 130 years and trying to mislead the public, which has been refuted by the other side. As the family feud simmers, KBL in a letter to capital markets regulator Sebi claimed that recent press releases by Kirloskar Oil Engines Ltd (KOEL), Kirloskar Industries Ltd (KIL), Kirloskar Pneumatic Company Ltd (KPCL) and Kirloskar Ferrous Industries Ltd (KFIL) "have sought to usurp the legacy" of KBL. Also, they attempted to pass off the legacy and track record of KBL as that of their own, the letter said.

Cairn case: Will India manage to save its foreign assets?

Cairn case: Will India manage to save its foreign assets?

Rediff.com27 Jul 2021

For India to invoke "sovereign" or "state" immunity to safeguard its foreign assets, which are under threat of getting seized in the intensifying legal battle with Cairn Energy, may come with several riders. Experts point out that the Indian government has to first satisfy the French court that the properties or assets that are under consideration are being used to dispense the state's sovereign functions.

Kirloskars latest business family to feud over settlement

Kirloskars latest business family to feud over settlement

Rediff.com17 Jul 2021

Sanjay Kirloskar, promoter of Kirloskar Brothers, moves Supreme Court to enforce a family settlement signed in 2009.

Cairn gets French court order to seize 20 Indian assets

Cairn gets French court order to seize 20 Indian assets

Rediff.com8 Jul 2021

Britain's Cairn Energy has secured a French court order to seize 20 Indian govt properties to recover arbitration award, it is learnt.

India in process of filing appeal against Cairn arbitration award

India in process of filing appeal against Cairn arbitration award

Rediff.com10 Mar 2021

India is in the process of filing an appeal against an arbitration panel asking it to return $1.2 billion to British oil firm Cairn Energy Plc, sources said on Wednesday. If enforcement proceedings are initiated, India is confident to address them and will strongly defend its interests, the sources said, adding it is open to a constructive settlement of tax disputes within the existing legal framework. India is in the process of filing an appeal in the Cairn's arbitration award case, they said, adding in this case, it was well within India's sovereign powers to redress the situation of Double Non-Taxation and tax abuse. Cairn chief executive Simon Thomson had last month met the then finance secretary Ajay Bhushan Pandey to discuss the arbitration award.

Cairn has identified India's assets for seizure in case of non-payment

Cairn has identified India's assets for seizure in case of non-payment

Rediff.com9 Mar 2021

British oil firm Cairn Energy Plc on Tuesday said it has identified Indian sovereign assets overseas, which it can seize in the event of New Delhi failing to return over USD 1.7 billion that an international arbitration tribunal has ordered after rescinding a retrospective tax demand.

Cairn, govt discuss LTCG tax and Vivad se Vishwas scheme

Cairn, govt discuss LTCG tax and Vivad se Vishwas scheme

Rediff.com22 Feb 2021

During a series of hectic talks between Cairn Energy and the Indian government over the $1.2-billion arbitration award in favour of the former last week, a slew of options was proposed by the two sides, including computation of capital gains and participation in the Vivad se Vishwas (VsV) dispute resolution scheme. The government is likely to go ahead and appeal against the arbitration award by a Permanent Court of Arbitration at The Hague before March 21, indicated finance ministry officials. Cairn Energy Plc on Sunday said it was hopeful that an acceptable solution to its tax dispute with the Indian government could be found to avoid prolonging and exacerbating the 'negative issue' for all parties.

India likely to go in appeal against Cairn arbitration award

India likely to go in appeal against Cairn arbitration award

Rediff.com19 Feb 2021

The government is likely to file an appeal against the Cairn arbitration award contesting its sovereign rights to tax, sources said.

Companies can now seat their arbitration outside India

Companies can now seat their arbitration outside India

Rediff.com23 Nov 2020

Choice of jurisdiction is important as that decides which country's law would apply in settlement of the dispute, says Sudipto Dey.

Amazon-Future dispute: Kishore Biyani may look for mutual settlement

Amazon-Future dispute: Kishore Biyani may look for mutual settlement

Rediff.com3 Nov 2020

Experts say Future group will look for an out-of-court settlement with help from Reliance in the Amazon matter.

The chinks in India's arbitration laws

The chinks in India's arbitration laws

Rediff.com22 Oct 2020

Treaty

Vodafone Plc's arbitration win: Should India challenge the decision?

Vodafone Plc's arbitration win: Should India challenge the decision?

Rediff.com5 Oct 2020

The arbitration of any court is legally binding and the government) can approach the Singapore high court.

After 5 years, Nissan, TN govt tax dispute finally ends

After 5 years, Nissan, TN govt tax dispute finally ends

Rediff.com27 Aug 2020

The dispute arose after Nissan alleged that Tamil Nadu hadn't paid certain incentives under a 2008 agreement to set up a car plant at Oragadam, near Chennai.

How Bollywood's writers are fighting back

How Bollywood's writers are fighting back

Rediff.com20 Feb 2020

'The writer remains the most creative force in the process.' 'Producers need to be inventive in how they reward good writing.'

Can Budget 2020 help tackle tax disputes?

Can Budget 2020 help tackle tax disputes?

Rediff.com20 Jan 2020

A robust dispute settlement system would help the government unlock tax revenues, and also aid ease of doing business.

Modi is too clever to want Trump as mediator!

Modi is too clever to want Trump as mediator!

Rediff.com26 Jul 2019

'Modi, with his sharply honed political savvy and undoubted grasp of international affairs, is a past master at taking the measure of world leaders.' 'He would be the last person to think of the unpredictable and not too well-regarded Trump as the mediator,' says B S Raghavan.

Higher judiciary is losing its aura and majesty, says CJI

Higher judiciary is losing its aura and majesty, says CJI

Rediff.com29 Nov 2018

Good judges are going away. We need replacements. The younger lot in the bar are not willing to become judges, says the CJI.

BJP won't succumb to RSS pressure on Ram temple

BJP won't succumb to RSS pressure on Ram temple

Rediff.com6 Nov 2018

'The saffron party is under pressure from RSS and other Hindutva quarters to move swiftly on construction of Ram temple at the disputed site in Ayodhya.'

Infy loses ex-CFO Rajiv Bansal's severance package case

Infy loses ex-CFO Rajiv Bansal's severance package case

Rediff.com18 Sep 2018

As per the award, Infosys is required to pay Bansal the outstanding severance amount of Rs 12.17 crore, with interest

Tata Sons asks Sivasankaran to pay back Rs 700 crore loan

Tata Sons asks Sivasankaran to pay back Rs 700 crore loan

Rediff.com9 May 2018

Siva group defaulted on payment in 2016 and is also facing CBI investigation

Trump announces $60 billion tariffs on Chinese imports

Trump announces $60 billion tariffs on Chinese imports

Rediff.com23 Mar 2018

The US president alleged that China had been indulging in tremendous intellectual property theft worth hundreds of billions of dollars on a yearly basis.

Why ignoring the Bankruptcy Code will be a BIG mistake

Why ignoring the Bankruptcy Code will be a BIG mistake

Rediff.com4 Dec 2017

The initiation of IBC proceedings in respect of a debtor has certain drastic consequences on both day-to-day running of the business of a debtor and on all creditors generally.

Shia Waqf Board chief favours Ram temple at disputed site

Shia Waqf Board chief favours Ram temple at disputed site

Rediff.com31 Oct 2017

The Shia Waqf Board is drafting the terms and conditions of a mutual agreement.

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