INSUBCONTINENT EXCLUSIVE:
Authors: Super UserThe Centre had told the Delhi High Court that the Vodafone Group had abused the process of lawNew Delhi: The Delhi High
Court on Monday dismissed the Centre's plea challenging Vodafone's move to initiate two international arbitrations against India in
connection with a tax demand of Rs 11,000 crore under a retrospective law of 2012.Justice Manmohan said the Centre can approach the UK
arbitration tribunal under the India-United Kingdom Bilateral Investment Protection Agreement (BIPA) for its grievance.Vodafone has
initiated arbitration proceedings under the India-United Kingdom and India-Netherlands Bilateral Investment Protection Agreement in
connection with the tax demand raised against the company in relation to its $11 billion deal to acquire the stake of Hutchison
Telecom.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 told the Delhi High Court that the Vodafone Group had abused the process of law by
initiating two international arbitrations.Challenging the second arbitration, the government had said the two claims were based on the same
cause of action and they seek identical reliefs, but from two different tribunals constituted under two different investment treaties
against the same host state.
