The Supreme Court was asked to deal with a number of questions relating to both the substantive legal basis for the claim, and jurisdiction. Vedanta then moved an application for enforcing the award at the Delhi High Court, which allowed the application and directed the government to make the payments. A three-judge Bench headed by Justice Rohinton Fali Nariman posted the case for detailed hearing in January 2021. The UK Supreme Court's (UKSC) recent, landmark judgment in Vedanta Resources PLC and anor. v Lungowe and others [2019] UKSC 20 will undoubtedly have an impact on such claims. Although every effort is made to maintain accurate information on this site, the Michigan Supreme Court does not guarantee the accuracy of … In December, India`s National Green Tribunal (NGT) revoked the state decision to shut the plant leading Tamil Nadu to appeal the NGT ruling. It is the parent of a multinational group, listed on the London Stock Exchange, with interests in minerals, power, oil and gas in four continents. On 10 April 2019, the UK Supreme Court handed down its judgment in Vedanta Resources PLC and anor. In view of the foregoing, the Supreme Court’s decision in Vedanta is a welcome ruling. In the meantime, the Respondent filed an application under Section 47 and 49 of the Arbitration and Conciliation Act 1996 (Arbitration Act) for the enforcement of the foreign award before the Hon’ble Delhi High Court wherein the single-judge directed the enforcement of the award and rejected the contentions of the Government of India including those pertaining to limitation and public policy. T This landmark judgment from the UK Supreme Court means that the claim brought by 1,826 Zambian villagers against UK-based Vedanta and its Zambian subsidiary KCM can proceed to a trial of the substantive issues in the English courts. This site uses Akismet to reduce spam. The Supreme Court has clearly lost its patience with the sort of tactical challenges to jurisdiction mounted in Vedanta, litigated in contravention of Lord Templeman’s assertion in The Spiliada that jurisdiction disputes should rarely go beyond first instance, with submissions ‘measured in hours, not days’. Vedanta Resources PLC and Another v. Lungowe and Others. The Supreme Court handed down on 10 April 2019 its much anticipated judgment in Vedanta Resources PLC and another (Defendants/Appellants) v Lungowe and others (Claimants/Respondents) [2019] UKSC 20 ("Vedanta"). In December 2018, the National Green Tribunal (NGT) allowed the reopening of the plant, but this was set aside by the Supreme Court, which said the NGT did not have the jurisdiction, more so when an appeal was pending before the appellate authority. Aggrieved, the Government of India filed an appeal before the Apex Court. In a landmark ruling, the Indian Supreme Court today rejected an appeal to allow Vedanta Resources to mine the Niyamgiri hills. The Supreme Court has ruled today that a case brought by almost 2,000 Zambian villagers against Konkola Copper Mines (KCM) and its parent company Vedanta Resources Plc can be heard by the English courts. In basic terms, the substance of the claim has nothing to do with the UK. On the other hand, Madras High Court in  M/S Bharat Salt Refineries Ltd. v. M/S Compania Naviera [6]and the High Court of Delhi in Cairn India Limited v. Union of India[7]  had taken a contrary view by holding that the period of limitation of 12 years provided under Article 136 of the Limitation Act would be applicable both for enforcement and the execution of the foreign award. Vedanta approached the Apex Court challenging the Madras High Court decision of rejection to open Sterlite Tuticorn plant. Paul Sheridan, Jan Burgess and Laura Swithinbank, who work within the Environment and Health and Safety teams at CMS, comment on the decision handed down in the matter of Vedanta Resources Plc & Anor v Lungowe & Ors [2019] UKSC 20. The Supreme Court, on Wednesday, refused to grant interim relief to Vedanta Sterlite declining the mining giant’s plea for immediate reopening of its copper plant at Thoothukudi. For all the latest India News, download Indian Express App. However, the Tamil Nadu government challenged the NGT decision in Supreme Court in January 2019, stating NGT didn’t have the jurisdiction to allow the reopening of the plant. UGC Exam Guidelines 2020: Supreme Court verdict likely today. Supreme Court will otoday pronounce its verdict on the petitions challenging the validity of the Centre's plan to redevelop Central Vista project. The Supreme Court said that the lawsuit brought by 1,800 Zambian villagers can be heard in London despite arguments by Vedanta that the case should be tried by the Zambian courts. Daniel Vollmer, IBAHRI intern. However, recently in NAFED v. Alimenta[12], pronounced on 22 April 2020, the Supreme Court refused enforcement of foreign award on the account of it being in violation of public policy. 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