Tata-DoCoMo Delhi HC judgment: A double-edged sword for India

According to some, the verdict poses a serious threat to the supremacy of government regulations

The recent Delhi High Court ruling that enforced the $1.8 billion award by the London Court of International Arbitration (LCIA) in the Tata Sons-NTT DoCoMo case has sparked a debate in India’s judicial fraternity. 

Arbitration experts have welcomed the increased scope for enforcing foreign arbitration awards in India. However, some have been sceptical of the court’s conclusion in rejecting the intervention of the Reserve Bank of India (RBI). 

According to Tejas Karia, partner, Shardul Amarchand Mangaldas, the verdict recognises that an award in the nature of ‘damages’ does not amount to a circumvention of Indian law and is not in violation of