The law Ministry has advised the Department of Space (DoS) to challenge the appointment of arbitrator by Devas Multimedia in International Chambers of Commerce (ICC) london.
The law Ministry in its opinion has said that rather than filing a review petition in the Supreme Court, DoS may avail the “option of taking recourse for challenging the appointment of arbitrator in terms of ICC Rules as observed by the Supreme Court.”
The Ministry has also said that Antrix could participate in the ICC proceedings. “The Antrix may be advised to participate in the ICC proceedings and take suitable defence and raise jurisdictional issues in consultation with their counsel.”Supreme Court in May this year had dismissed the plea of Antrix for arbitration of dispute with Devas, whose controversial Rs 1,000 crore deal for S-band spectrum with Antrix was annulled by it.
DoS had sought the law Ministry's view on the above matter as Antrix was seeking to file a review petition in the Supreme Court against its order in the Devas case. Antrix based its decision to go back to the Court saying that most of the written submissions had not been considered by the Supreme Court in its judgment.
The Court order in May meant that arbitration proceedings between Antrix and Devas would take place outside India, though the award by the arbitration panel can be challenged in India.
Devas now plans to challenge the 2011 decision of the cabinet committee on security (CCS). CCS had cancelled the controversial deal for leasing out Isro's strategic S-transponder and 70 MHz spectrum to Devas which is a little known entity.
Three investor companies of Devas - namely Columbia Capital/ Devas (Mauritius) ltd, Telecom Devas Mauritius ltd and Devas Employees Mauritius Private ltd - have pulled the Government of India, as parent of Antrix and DoS, into the international arbitration citing breach of Bilateral Investment Protection & Promotion Agreement.The Mauritius-based firms filed for arbitration last July under the Mauritius-India Bilateral Investment Treaty following the cancellation of the 2005 contract by Antrix Corporation.