Setback at The Hague :- Editorial 29 July

 

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The verdict (फैसला) against Antrix Corporation, the commercial arm of the Indian Space Research Organisation, by the Permanent Court of Arbitration (विवाचन) tribunal (अधिकरण) in The Hague is yet another example of how its dispute with Devas Multimedia has been mishandled by the Centre from day one. As a sovereign (शासक) state, India has the right to cancel agreements and licences given to private entities (सत्ता) if it concludes that there are irregularities or gaps in the manner in which they were inked. The Supreme Court’s verdict in the 2G spectrum and coal block allocation scams highlights this in no uncertain terms. That the agreement between Antrix and Devas over use of spectrum and lease of transponders was flawed has been reiterated (दोहराना) by several independent agencies. For instance, the report of the High Powered Review Committee comprising B.K. Chaturvedi, Member, Planning Commission, and Professor Roddam Narasimha, Member, Space Commission — appointed on February 10, 2011 — reflects several concerns. The Cabinet Committee on Security, based on an internal inquiry, faulted the deal on technical, commercial, managerial and financial grounds. A one-man committee appointed by the Department of Space also found loopholes in the drafting of the contract.
Despite such documentary evidence in support of scrapping the deal, it isbaffling (चौंकाने वाला) how India’s legal hawks (बाज़) failed to defend its position effectively. A reading of the final award of the International Court of Arbitration (International Chamber of Commerce) given in September 2015 reveals that Antrix may have conceded (स्वीकार किया) too much ground to Devas Multimedia by failing to nominate an arbitrator or have a say in fixing the terms of reference for the arbitral tribunal. The ICC ruling, which ordered Antrix to pay $672 million to Devas, reveals Antrix did not even send its nomination for the three-member arbitration tribunal to the ICC. Rather, it chose to petition (विनती) the Supreme Court to start separate arbitration against Devas, a plea that failed. Antrix wrote to the court raising concerns about the appointment of one of the members on the panel but did not pursue the matter; no further challenge was made despite the ICC asking it to file an appeal under relevant rules. On several other occasions Antrix did not turn up for the initial proceedings, including a preliminary conference that was held to discuss draft terms of reference. It is also not clear why the Centre used the force majeure clause in the agreement to cancel the deal. Instead, the findings of the various committees could have been used to establish that facts related to the deal were misrepresented and not fully disclosed to the entire chain of decision-makers. The Centre can still make changes to its legal strategy when Devas comes after it to enforce the arbitration award.
 

IMPORTANT WORDS FROM EDITORIAL WITH MEANING :- 

1. Verdict (noun) – law judgement
Synonyms – arbitrament, opinion , decision , conclusion
Antonyms – accusation
 
2. Arbitration (noun)– settlement of dispute
Synonyms – adjustment, determination , compromise
Antonyms – disagreement, indecision
 
3. Tribunal (noun)– Court
Synonyms – council, forum , bar , bench ,board , committee
 
4. Sovereign (noun) – dominant , effective
Synonyms – autonomous, imperial , monarch , paramount 
Antonyms – restricted, inferior , submissive
 
5. Entities (noun) – object that exists
Synonyms – singleton, existence ,  individual , body, organism
Antonyms – abstract, concept ,idea
 
6. Reiterated (verb) – say or do again
Synonyms – renew, iterate ,reprise ,retell 
Antonyms – take back
 
7. Baffling (adjective) –puzzling
Synonyms – enigmatic, abstruse, perplexing , confusing
Antonyms – clear, fathomable
 
8. Hawks (noun) – a diurnal bird , a warlike person
Synonyms –jingo, chauvin , militarist
Antonyms – dove
 
9. Conceded (verb) – acknowledge , give in
Synonyms: accept, accord, admit, allow, avow, award, capitulatee
Antonyms: contradict, disacknowledge, disagree, dispute
 
10. Petition (noun) – appeal ,plea 
Synonyms –invocation, solicitation , request , application
Antonyms – assist,support

ALL THE BEST 🙂

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Ashutosh
Coordinator,Ibpsprepadda & PrepDesk. I love to write on competitive exam preparation. I am passionate about helping students and sharing exam prep resources. I love to make exam prep affordable and convenient for everyone.

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