Japanese telecom major NTT Docomo on Friday said it has commenced action in the United States District Court for the Southern District of New York to enforce the London Court of Arbitration’s (LCIA) $ 1.20 billion award against Tata.
“The decision of the LCIA that Tata has breached its commercial agreement and owes Docomo $1.2 bn in damages is enforceable in any country which is a signatory to the New York Convention, including the United States. Until Docomo receives the full amount due, it will continue to seek enforcement globally,” Docomo said. Docomo has taken a further step to enforce the LCIA award against Tata by commencing action in the US District Court for the Southern District of New York, it said.
“Tata Sons is resisting enforcement in India and will resist enforcement in any other jurisdiction DoCoMo files for enforcement. It bears emphasis that Tata Sons has already placed the full amount awarded to DoCoMo in the arbitration — $ 1.17 billion in cash — with the High Court of Delhi, where DoCoMo has previously filed for enforcement of the arbitral award and the entire issue is pending adjudication,” Tata Sons said in a statement.
According to Tata Sons, it has from “the outset emphasised its commitment to honouring its contractual obligations to DoCoMo in accordance with the applicable law”.
Tata Sons said the award requires the approval of the Reserve Bank, which to date has been denied on the basis of pre-existing regulations that are fully in the knowledge of Docomo. “Until it has been authorised to proceed with payment by the relevant Indian legal authority, Tata Sons has been advised that enforcement of the award would be contrary to Indian law and public policy,” it said.
The LCIA had made the award in favour of Docomo for Tata’s alleged breach of an agreement over their telecom joint venture (JV) — Tata Teleservices Ltd (TTSL).