MANMOHAN
Union of India – Appellant
Versus
Vodafone Group PLC United Kingdom – Respondent
Manmohan, J.
1. Present matter raises important and interesting issues of law with regard to Bilateral Investment Protection Agreement. In fact, in recent years there has been rapid increase in bilateral investment treaty arbitrations, but there is limited authority on the jurisdiction and approach of National Courts or on the nature of arbitrations under such treaties.
2. It is pertinent to mention that present suit has been filed by the Plaintiff-Union of India against Vodafone Group Plc (‘VG’), i.e., Defendant No.1 and Vodafone Consolidated Holdings Ltd (‘VCHL’), i.e., Defendant No.2 (hereinafter referred to as ‘Defendants”) seeking reliefs of declaration and permanent injunction. The prayers sought in the present suit are reproduced hereinbelow:-
"(a) Declare that notice of dispute dated 15.06.2015 and the notice of arbitration dated 24.01.2017 issued to the Plaintiff by the Defendant and the proceedings initiated by Defendant Nos. 1 and 2 in furtherance of the said notice of dispute dated 15.06.2015 and the notice of arbitration dated 24.01.2017 under India UK Bilateral Investment Protection Agreement are an abuse of process and null and void;
(b) pass a decree of perman
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