Antrix & ISRO, including the Department of Space, were well aware that Devas had met its financial, technical and strategic milestones under the Agreement up to the day it was unlawfully terminated and expropriated by the Government of India.
The Suresh Report within ISRO in 2009 concluded there was “absolutely no doubt on the technical soundness of the digital multimedia services as proposed in this hybrid satellite and terrestrial system.”(1)
Experimental trials of the Devas system between August 2008 and September 2009, which involved a system check on the 2.5-2.69 GHz band and demonstrations of its mobile multimedia and broadband wireless services, were all successful, as acknowledged by officials of ISRO and Antrix.
At a ceremony during the end of the trials, Dr. Radhakrishnan said the Devas-Antrix partnership was “great” and that he looked forward to the launch of Antrix’s first satellite under the deal.(2)
The UNCITRAL arbitration panel found that on the day the Government of India unlawfully terminated the Devas Agreement in February 2011, Devas was positioned to deliver state-of-the-art hybrid satellite and terrestrial telecommunication services across India.(3)
- UNCITRAL Award on Jurisdiction and Merits to Mauritian shareholders of Devas, Paragraph 123.
- ICC Award, Paragraph 85-87.
- UNCITRAL Award on Jurisdiction and Merits to Mauritian shareholders of Devas, Paragraph 111.