Question : Case Filed by Cairn Energy

(a) whether it is true that Cairn Energy in a reported move has filed a case in the US District Court to enforce the $1.2 billion award it won against India relating to retrospective taxation laws in India and if so, the details thereof;

(b) whether the Government is planning to file an appeal against the Cairn Energy award at the Singapore seat of the permanent court of arbitration as it did earlier on the Vodafone case;

(c) if so, the details thereof along with the extent to which the Government is going to be benefitted by this and if not, the reasons therefor; and

(d) whether India will take a pragmatic stance and desist from filing an appeal on Cairn Energy award case in Singapore as it may adversely affect the foreign investment scenario in India offering a non-adversarial and conducive tax environment and if so, the details thereof?

Answer given by the minister

THE MINISTER OF STATE IN THE MINISTRY OF FINANCE
(SHRI ANURAG SINGH THAKUR)


(a) India has not received any notice from the US District Court for enforcement of the Cairn award as per the procedure laid down under the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, 1965.

(b) (c) & (d) The seat of arbitration in the case of Cairn arbitration is The Hague and not Singapore. Appeal if any in the case of Cairn has to be filed in the Hague. Further any such decision on filing of appeal or otherwise is taken only after careful consideration of all aspects of the matter.

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