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Sep 23, 2024 · NTT Docomo acquired a 26.5 per cent stake in Tata Teleservices in 2009. The two parties had agreed that the Japanese firm could exit the venture at a pre-determined minimum price, which would be at least half of its original investment. Docomo exercised this exit option in 2015 due to Tata Teleservices’ financial difficulties.
Instead, it drew attention to the fact that the fair value of the shares was less than the Sale Price and that the transfer of the Sale Shares by Docomo to Tata at the Sale Price was not within the ambit of the general permission.
Jun 1, 2020 · Japan's largest mobile firm NTT DoCoMo is leaving Bangladesh after 12 years completely empty-handed despite injecting $350 million in the country. The departure, which will bring DoCoMo's...
- I Introduction
- II Case Background
- III Decision of The Arbitral Tribunal
- IV Proceedings Before The Delhi High Court and Itsdecision
- 1 Locus Standi of Reserve Bank of India.
- 2 Validity of Sha and The Award
- 3Validity of The Compromise.
- V A Critical Evaluation of The Award and The Consequentialcourt Judgement
- 6 Conclusion
1.1Enforcing an arbitral award (the"Award") given by London Court ofArbitration ("LCIA"), the Delhi HighCourt (the "Court") on 20th April, 2017settled the Tata-Docomo dispute by its judgment in NTTDocomo Inc. v. Tata Sons Ltd1 (the"Judgement"). While, both parties wantedto enforce the Award, it was the Reserve Bank of India("RBI") that intervened o...
2.1 Tata Sons Limited("Tata") and Tata Teleservices Ltd.("TTSL") entered into a ShareholderAgreement ("SHA") with NTT Docomo Inc.("Docomo") on 25th March 2009. 2.2 Under the SHA, Clause 5.7.2 stated that"if TTSL failed to satisfy certain 'Second KeyPerformance Indicators' stipulated in the SHA, Tata would beobligated to find a buyer or buyers for D...
3.1The Court summarised the conclusionsreached by the AT in the impugned Award in the followingmanner: 1. The object of Clause 5.7.2 was toguarantee Docomo an exit at a minimum of 50% of the subscriptionprice. Clause 5.7.2 was drafted the manner it was because"the parties knew exchange control regulations and otherconsiderations might prevent perfo...
4.1 Before the Court, Tata initially filed itsobjections to the enforcement of the Award but later on a jointapplication was filed by Docomo and Tata under Order XXIII Rule 3read with Section 151 of the Civil Procedure Code("CPC") jointly seeking to place onrecord the consent terms agreed between the parties and disposal ofthe main petition in term...
The Court analysed Section 48(1)2 along with Section2(h)3 of the Arbitration and Conciliation Act, 1996 (the"Arbitration Act") andconcluded that there is no provision envisaged under theArbitration Act which permits intervention by an entity that is nota party to the award, to oppose enforcement of an arbitralaward. The Court then considered Order ...
The Court opined that there were no provisions in FEMA thatabsolutely prohibited contractual obligation from being performed.It only envisaged a grant of special permission of RBI. The Courtheld that it was correctly observed by the AT that, Clause 5.7.2 ofSHA was legally capable of performance even without the specialpermission of RBI because, suc...
The Consent Terms were entered into between Docomo and Tata on20th/23rd February 2017. The object of entering into such terms wasto put an end to their dispute and "in the public interestof preserving a fair investment environment in India" that theparties have decided to enter into the said consent terms. Further,it is noted that "as a gesture of ...
5.1In the author's opinion, the LCIA andCourt is correct in mechanically interpreting the contractual termsof the SHA. However, from a foreign exchange regulatory policyperspective, the author believes that the spirit of RBI'spolicy that there must be no assured return in an equity investmentmade by a foreign investor, has been effectively compromi...
6.1The Judgement though a positive developmentfor the foreign investor investing in India, it does not, inspirit, confirm with India's foreign exchange policy. It willundoubtedly boost investor confidence consequently leading to moreforeign investment in India since the foreign investors can havedownward protection of their equity investment in Ind...
May 30, 2017 · The AT passed an Award in favour of Docomo stating that Docomo is entitled to damages equivalent to the Sale Price of US$ 1,172,137,717 payable by Tata to Docomo within 21 days. Further, interest and cost were also awarded to Docomo.
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Jun 16, 2008 · NTT DoCoMo Inc <9437.T>, Japan's top mobile phone operator, said it planned to buy 30 percent of Bangladesh's No.3 cellphone carrier for $350 million, gaining a foothold in one of Asia's fastest...
