Yes. Not only did Antrix unlawfully violate the Devas Agreement’s own termination provisions, but two separate arbitration tribunals have concluded that the Government of India violated two separate bilateral investment treaties (BIT) with its unlawful actions in procuring the termination of the Devas Agreement.
The Government of India violated the India-Mauritius BIT, signed in 2000, by illegally expropriating the investments made in Devas by three groups of investors incorporated in Mauritius, including a group of Devas employees. This was confirmed by the tribunal organized under the Arbitration Rules of the U.N. Commission on International Trade Law (“UNCITRAL”) in The Hague, that found the Government of India breached its obligations under the treaty and owed damages.(1)
The Government of India also violated the India-Germany BIT by failing to provide fair and equitable treatment to Deutsche Telekom and its investment in Devas, which was confirmed by a separate UNCITRAL tribunal in Geneva.(2)
Despite the Government of India agreeing to honor these tribunals when it signed those two treaties, the Modi Government is refusing to abide by their judgments.
- UNCITRAL Award on Jurisdiction and Merits to Mauritian shareholders of Devas, Paragraph 501.
- UNCITRAL Interim Award to Deutsche Telekom, Paragraph 424.