Government Of India vs. 1. Vedanta Limited (Formerly Cairn India Ltd.); 2. Ravva Oil (Singapore) Ptv. Ltd. & 3. Videocon Industries Limited
[2020] 12 S.C.R. 1; 2020 INSC 548
Coram: Hon’ble Justice S. Abdul Nazeer; Hon’ble Justice Indu Malhotra & Aniruddha Bose
Forum: Hon’ble Supreme Court of India
Case No.: Civil Appeal No. 3185 of 2020
Date of Decision: September 16, 2020

Facts & Background:

  • The Government of India (Appellant ), which administers and regulates petroleum resources in India, filed the appeal to challenge the enforcement of a foreign arbitral award.
  • Vedanta Limited (formerly Cairn India Ltd.), Ravva Oil (Singapore) Pte. Ltd., and Videocon Industries Limited were the joint venture partners (Respondents) involved in the exploration and development of petroleum in the Ravva Fields, seeking enforcement of an arbitral award.
  • The dispute arose over Base Development Costs (BDC) recoverability under the Production Sharing Contract (PSC). The respondents sought to revise the BDC cap to recover additional costs incurred due to increased production, leading to arbitration.
  • The case was initially filed under the Malaysian Arbitration Act,2005. The Malaysian High Court rejected the Government's challenge to the arbitral award, and the Federal Court denied leave to appeal, upholding the Arbitration Tribunal's decision.
  • The case reached the Supreme Court of India after the Delhi High Court on 19.02.2020, which allowed the enforcement of the foreign arbitral award despite the Government’s opposition under Section 48 of the Arbitration and Conciliation Act, 1996. This led to the Government's appeal.

Main Issue:

  1. Whether the petition for enforcement of a foreign award under Sections 47 and 49 of the Arbitration and Conciliation Act, 1996, was filed within the limitation period prescribed by Article 137 of the Limitation Act, 1963?
  2. Does the enforcement court have the authority to set aside a foreign arbitral award, or is its role limited to refusing enforcement based on the grounds specified in Section 48 of the Arbitration and Conciliation Act, 1996?
  3. Whether the Malaysian Courts were justified in applying the Malaysian law of public policy while deciding the challenge to the foreign award?
  4. Whether the foreign award is in conflict with thePublic Policyof India?