International Business Antrix - Devas deal 2011 (Representation International Tribunal India)
In 2016,
the India subcontinent lost its case in an international court against Devas
Multimedia Private Ltd. It is a Bengaluru-based company. The case was actually
filed because the Indian Government had cancelled its satellite contract with
the government-owned Antrix Corporation. What must be noted is the interesting
fact that this is actually the second time when the Indians have lost out on an
international tribunal in the Antrix-Devas scam. The reason actually why the
deal was cancelled in the first place is that there was the potential of a huge
scam which could be extremely detrimental. In order to avoid such a messy
situation, the government has tried to cancel the deal altogether. The motive
behind this act was to remove the cause of problem from the root.
In a previous decision
stated in 2015, the International Chamber of Commerce (ICC) had
investigated and come to the conclusion on a unanimous scale that the withdrawal
of the contract from the end of the government-owned Antrix Corporation was
absolutely unlawful. In fact, it was also leading to massive losses for the
Devas company. This was definitely a huge set-back for both the parties.
However, when you have a look at the Indian perspective, it was necessary in a
way because there have already been a number of scams in the country and adding
more fuel to the fire is just a foolish thing to do. Devas was also denied the
commercial use of S-band spectrum,
International Tribunal decision
The tribunal that went
ahead with this decision was based in Hague. They were quick to point out that
there are certain rules laid down by the United
Nations Commission on International Trade Law (UNCITRAL). These exist so that
international trade is not hampered and in case there are any issues, then
these rules can be the basis on which verdicts are spelled out. Thus, according
to this as well, India has breached the commitments of the treaty from its side
and been unable to provide fair and equitable treatment to foreign investors
from Devas.
Quick takeaways:
1. This is one of the most serious
crisis that has been faced by ISRO (Indian Space Research Organisation). Another
crisis of such a huge scale and manner was faced in the 1994 when two
scientists from ISRO were accused of espionage. But, they won the case and all
the allegations and accusations were proved to be false.
A Rocket Takeoff |
2.
The deal between Antrix and Devas was actually singed long back in the
2005. This was done when G Madhavan Nair was the leader of affairs in
the space Department. This is known as the Department of Space (DoS).
Definitely, when he had to bear the brunt, he chose the easy way out and blames
the UPA-2 government.
3.
According to the Indian government, Antrix had to provide 70 MHz
of the scarce S-Band space segment to Devas. This was needed for the digital
multimedia services. This was actually the important deal which was the base.
Tags: International court, International tribunal, Scam, Fraud
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