Antrix files pleas against Devas moving ICC for arbitration

Devas approached the ICC on June 29,2011,after which it constituted the tribunal that currently comprises chairman Professor Michael Pryles,Devas arbitrator V V Veeder and Antrix arbitrator Justice A S Anand (the former chief justice of India). The tribunal has asked for payment of US $325,000 as part of US $650,000 fees for the arbitration,Antrix says.

Antrix believes Indian arbitration rules under the Indian Arbitration and Conciliation Act 1966 — based on the United Nations Commission on International Trade Law — should be applied to the case since the seat of arbitration defined in the agreement is New Delhi. The company also says Devas invoked arbitration under ICC unilaterally without issuing a notice to Antrix.

On August 8,2011,the company states,it filed a petition under Section 11 of the Indian Act in the Supreme Court of India seeking arbitration in the Devas Multimedia matter and the constitution of a tribunal. This was done after issuing a notice on July 30,2011,to Devas,says Antrix. The ICC would be overreaching the Supreme Court of India by constituting a tribunal,says Antrix.

Antrix also accuses Devas of attempting to continue with their January 28,2005,agreement and of trying to defeat a government of India policy decision to annul the deal. Antrix says this is evident from the Devas plea before the ICC tribunal to make their agreement binding and to direct ISRO to deliver satellites as per the agreement.

“The arbitration petition is a grave injustice to the people of India and the security of the country since spectrum is a natural resource,” states Antrix.

In its response to the Antrix arbitration notice under Indian laws,Devas has said it had been wrongly initiated in the SC of India.