The dispute between Japanese telecom major NTT DoCoMo and Tata Sons over their telecom joint venture in India does not seem to be heading for a resolution any time soon.
Tata Sons on Friday filed an appeal in the Delhi High Court to stop the enforcement of an arbitration award by the the London Court of International Arbitration (LCIA).
The London court had asked Tata to pay $1.17 billion to the Japanese major as compensation. Tata Sons said in the petition that it had the intent of paying the money but was acting according to Indian laws to resolve the dispute. Hence, the request by NTT DoCoMo to enforce the LCIA award should be dismissed, Tata argued. Responding to Tata Sons’ stand in the Delhi court, NTT DoCoMo said: “The fact that Tata has raised objections to the enforcement of the London Court of Arbitration award directly contradicts its statements of intent to meet its payment obligations. The award by the LCIA is internationally recognised, including in India, and there is no reason to delay.”
The dispute dates back to January 2015, when Japan’s NTT DoCoMo moved the London Court of International Arbitration against Tata Sons for failing to find a buyer for its stake in Tata Teleservices.
In April 2014, NTT DoCoMo announced plans to sell its entire stake in TTSL, exiting India five years after entering the country. The exit came after the Indian company failed to achieve certain performance targets.
Under the terms of the shareholder agreement, Tata Sons had to find a buyer by December 2014, failing which it had to buy the DoCoMo stake.
Tata Sons had applied to the RBI to purchase NTT DoCoMo’s stake, but the central bank ruled that when the Put Option is exercised, it should be based on the prevailing return on equity at the time the option is exercised, and not based on a pre-determined valuation.