Skip to content 
Search

Latest Stories

Cairn, Air India seek stay on New York court proceedings

Cairn, Air India seek stay on New York court proceedings

CAIRN Energy and Air India have jointly asked a New York federal court to stay further proceedings in the British firm's US lawsuit targeting the airline for the enforcement of a $1.2-billion (£870 million) arbitral award.

The move follows the Indian government enacting a law to scrap retrospective taxation in the country, which in effect will result in the withdrawal of the Rs 102.47 bn (£1bn) tax demand on Cairn, according to court documents.


The British company had won an international arbitration award against the levy of such taxes and sought to take over Air India assets when the government refused to honour the award and pay it $1.2 bn (£870m)-plus interest and penalty.

But, last month, the government enacted the Taxation Laws (Amendment) Act, 2021, that scraps all such retrospective tax demands and has agreed to refund Rs 79 billion (£780m) it had seized from Cairn to enforce such demand.

Cairn has indicated that the refund, without interest and penalty, was acceptable to it - opening an avenue to settle the seven-year-old dispute.

Cairn and Air India in a joint request to US District Judge Paul Gardephe on Monday (13) stated that a stay on proceedings would give them "additional time to evaluate the effects and implications" of legislation that repealed the retroactive tax.

In return for the Rs 79 bn (£780m), Cairn would drop lawsuits threatening court-ordered seizures of Indian government property abroad.

One of those suits was filed in May against the state-owned Air India Ltd, which Cairn has said should be considered the alter ego of the Indian government.

"The implementing regulations are in the rulemaking process and will take some time," the two said in the petition seeking extension of the October 21 deadline for the presentation of case papers and initial pre-trial conference on October 28.

They requested the court to "stay any further proceedings in this matter through October 31, 2021, and reschedule the initial pre-trial conference and, respectively, the deadline for the parties to submit their joint pre-trial letter and proposed case management plan, for new dates in November 2021."

"The parties have conferred and agreed that the stay will facilitate the efficient resolution of the dispute, conserve the court's and parties' resources, and is not intended to obstruct or delay," they added.

Cairn had on May 14 brought a lawsuit in the New York district court to hold Air India liable as the alter ego of the Republic of India for the obligations the government owes under a foreign arbitral award.

The firm separately filed a petition before the district court for the District of Columbia to recognise and enforce the arbitration award against India on February 12, 2021.

Seeking to repair India's damaged reputation as an investment destination, the government last month enacted new legislation to drop Rs 1.1 trillion (£10.8bn) in outstanding claims against multinationals such as telecom group Vodafone, pharmaceuticals company Sanofi and brewer SABMiller, now owned by AB InBev, and Cairn.

About Rs 81 bn (£800m) collected from companies under the scrapped tax provision are to be refunded if the firms agreed to drop outstanding litigation, including claims for interest and penalties. Of this, Rs 79 bn (£780m) is due to Cairn alone.

An international arbitration tribunal in December overturned a levy of Rs 102.47 bn (£1.1bn) in taxes on a 2006 reorganisation of Cairn's India business prior to its listing.

It also asked the Indian government to return the value of shares seized and sold, dividend confiscated and tax refund withheld. This totalled $1.2 billion (£870m)-plus interest and penalty.

The government initially refused to honour the award, forcing Cairn to identify $70 bn (£50.6 bn) of Indian assets from the US to Singapore to enforce the ruling, including taking flag carrier Air India Ltd to a US court in May.

A French court in July paved the way for Cairn to seize real estate belonging to the Indian government in Paris.

All these litigations will be dropped once Rs 79 bn (£780m) is paid, Cairn CEO Simon Thomson had said earlier this month.

More For You

Asian firm acquires Kings Court Hotel for £2.75m

UK-based Nanak Hotels acquired the 60-room Kings Court Hotel in Warwickshire for £2.75 million. (Photo: Colliers International UK)

Asian firm acquires Kings Court Hotel for £2.75m

UK-BASED Nanak Hotels recently acquired the 60-room Kings Court Hotel, a 17th-century property in Warwickshire, England, for £2.75 million. This is the first regional acquisition by the privately held firm led by British Indians Harpreet Singh Saluja and Karamvir Singh.

Nanak Hotels, which operates a UK property portfolio, plans to invest in the property's refurbishment and repositioning, according to a statement from Colliers International UK, which brokered the transaction.

Keep ReadingShow less
Priya Nair becomes first woman CEO in Hindustan Unilever's history

Priya Nair (Photo: Unilever)

Priya Nair becomes first woman CEO in Hindustan Unilever's history

PRIYA NAIR has been appointed as the CEO and managing director of Hindustan Unilever Ltd (HUL), effective from August 1. She will be the first woman to lead the company in its history.

The announcement was made by HUL on Thursday (10). Nair, who currently serves as president, Beauty & Wellbeing at Unilever, will take over the role from Rohit Jawa, who will step down on July 31 to pursue other interests.

Keep ReadingShow less
UK business district
The Canary Wharf business district including global financial institutions in London.
Getty Images

Economy shrinks again in May, hitting Labour’s growth plans

THE UK economy contracted unexpectedly in May, marking the second consecutive monthly decline, according to official data released on Friday. The figures present a challenge for the Labour government as it attempts to revive economic growth.

Gross domestic product fell by 0.1 per cent in May, following a 0.3 per cent contraction in April, the Office for National Statistics (ONS) said in a statement.

Keep ReadingShow less
SBI UK cuts mortgage rates

The bank's commitment to green lending reflects focus on sustainability (Photo: Getty Images)

SBI UK cuts mortgage rates

BANKING major State Bank of India (UK) has cut interest rates on its buy-to-let mortgage products to help landlords reduce borrowing costs.

The bank said the rate cuts would help landlords invest in rental properties and meet growing demand for rental homes across the UK.

Keep ReadingShow less