A trust deficit
Govt must respect arbitral awards
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premium
The Supreme Court of India, which heard the long-running arbitration dispute involving the government and Vedanta
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The Supreme Court has succinctly articulated a key impediment to a vibrant investment climate in India: The Government of India’s consistent refusal to honour arbitral awards. The court was hearing a 22-year-old dispute in which the government was challenging an arbitral award — for a third time — in a production-sharing contract with a consortium to develop oil and gas fields in the Krishna-Godavari basin. The arbitration, which began in 2004, has had a tortuous journey through an arbitration panel award to Vedanta (then Cairn Energy) and Ravva Oil (Singapore) in Kuala Lumpur, unsuccessful appeals in the Malaysian courts, a $99 million demand from the government, a second round of litigation in Malaysia, rejection by the Delhi High Court in 2026, and finally, a Supreme Court appeal. The two-judge Bench of Justice J B Pardiwala and Justice Manmohan pointed to the Centre’s practice of contesting the enforcement of the arbitration award after decades of litigation. They pointed out “no one would trust the government” if it persisted with such practices.
