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India risked the loss of precious assets of the national carrier Air India, and more claims of damages from foreign investors who had put money in a Bengaluru-based startup Devas. The investors’ claim was that the government had wrongfully cancelled a satellite deal between Devas and Antrix, Indian Space Research Organisation's (ISRO) commercial arm. This was upheld by two international tribunals in 2017 and 2019. However, now, a verdict from the Supreme Court of India, which has held the Antrix-Devas deal to be a fraudulent one. The Indian government hopes to use this order to battle these claims for damages and to protect the foreign assets of Air India ahead of its sale to the Tata Group. "The shareholders knew of the fraudulent activities in the deal between Antrix and Devas," Finance Minister <keyword id="129243" type="General" weightage="20" keywordseo="nirmala-sitharaman" source="Orion">Nirmala Sitharaman</keyword> said. “You bring in ₹579 crore, take away ₹488 crore and still make tons and tons of rupees by going to the court and filing cases. That’s the fraud being perpetrated… No country that respects the rule of law will ignore these facts,” she added. The controversy began with a ₹1,400 crore satellite deal in 2005, between Antrix and Devas Multimedia, which was then cancelled in 2011 after charges of kickbacks. A legal battle followed, and lasted a decade, until the Supreme Court allowed the winding up of Devas on Monday (January 17). Meanwhile, three investors in Devas have demanded the $111 million compensation (awarded by an international tribunal) from India for cancelling the deal. The investors got a Canadian court order allowing the seizure of half Air India's assets in the country before India’s national airline was sold to the Tata Group. If these claims were to derail a crucial, and a long-awaited move, to privatise the airline, it would have been a <a href="https://www.businessinsider.in/business/news/air-india-privatisation-saga-time-we-stopped-paying-20-crore-per-day-of-taxpayers-money-to-keep-it-flying/articleshow/87098231.cms">big setback for the government</a>. A similar appeal has been made in a US Federal Court as well. Sitharaman said that the government would hold discussions between departments before deciding the next step in this battle against Devas’ investors. SEE ALSO: <a href="https://www.businessinsider.in/investment/news/coindcx-hiring-2000-plus-people-this-year-crypto-coders-developers-product-development-and-other-roles/articleshow/88972086.cms">EXCLUSIVE: CoinDCX plans to hire more than 2,000 people this year — and they are not just looking at coders</a> <a href="https://www.businessinsider.in/careers/news/top-jobs-of-2022-include-it-business-development-marketing-roles-as-per-linkedin/slidelist/88969206.cms">These are the 15 fastest growing jobs in India</a> <a href="https://www.businessinsider.in/tech/mobile/news/smartphone-under-30000-rs-segment-has-nearly-doubled-in-the-last-one-year-as-per-xiaomi-cbo/articleshow/88969336.cms">INTERVIEW: The sub-₹30,000 smartphone segment has nearly doubled in the last one year, says Xiaomi India’s chief business officer</a>

India plans to use the Supreme Court order in Antrix-Devas case to defend Air India's assets

A US court has asked <keyword id="285457" type="COMPANY" weightage="20" keywordseo="Antrix">Antrix</keyword> Corporation, the commercial arm of Indian Space Research Organisation, to pay compensation of USD 1.2 billion to a Bengaluru-based startup, <keyword id="406024" type="COMPANY" weightage="20" keywordseo="Devas-Multimedia">Devas Multimedia</keyword>, for cancelling a satellite deal in 2005. As per the agreement in January 2005, Antrix agreed to build, launch and operate two satellites and to make available 70 MHz of S-band spectrum to Devas, which the latter planned to use to offer hybrid satellite and terrestrial communication services throughout India. The agreement was terminated by Antrix in February 2011. Over the next several years, Devas approached various legal avenues in India. This included the Supreme Court, which directed for a tribunal. In his order dated October 27, Judge Thomas S Zilly, US District Judge, Western District of Washington, Seattle, ruled that Antrix Corporation pay a compensation of USD 562.5 million to Devas Multimedia Corporation and the related interest rate amounting to a total of USD 1.2 billion. In its lawsuit filed in the US District Court, Western District of Washington in September 2018, Devas Multimedia said three separate international tribunals and nine different arbitrators have found the termination of the Devas-Antrix agreement to have been wrongful, with one of the tribunals describing it as "conduct 'which shocks, or at least surprises, a sense of juridical propriety,'" and another finding it to be "a clear breach of simple good faith" by India. Antrix, in November 2018, had sought the dismissal of the lawsuit citing jurisdictional issues. The court, however, asserted that it had jurisdiction over the issue, but stayed the matter for one year and asked the two to file a joint status report by April 15, 2020. On July 16, 2020, both Devas and Antrix filed the instant motion, a Joint Status Report in which they disputed whether the court should lift or extend the stay, and, if the latter, whether Antrix be required to post security. Devas, according to submissions, has argued that the US court has jurisdiction over these cases, as Antrix engages in business in this district and across the United States. Antrix and Spaceflight Industries, which is headquartered in Seattle have an agreement to provide satellite launch services using India's PSLV rocket. Antrix and RBC Signals LLC, which is headquartered in Redmond, Washington have a worldwide agreement to provide space communications services to satellite operators. Antrix in 2018 launched a satellite for Redmond, a Washington-based Planetary Resources. Antrix agreed in 2015 to launch two satellites for Colorado-based PlanetiQ. Antrix is contracted with DigitalGlobe, which has headquarters in Colorado and other locations in Florida, Virginia and Washington to procure certain satellite data, which is then distributed by the Indian Space Research Organisation's National Remote Sensing Centre. Devas said that after the initial signing of the agreement, the two companies performed in good faith for five years. Among other things, in May 2009, Dr Appanna Bhaskarnaryana, the Director of the Satellite Communications Programme Office of <keyword id="6358064" type="UNKNOWN" weightage="20" keywordseo="isro">ISRO</keyword>, spent four to five weeks in the US with Devas personnel meeting with Hughes Networks, Sirius XM SkyTerra, Qualcomm and ICO North America to understand the technologies used by, and operation of, hybrid satellite-terrestrial operators providing telecommunications services. Devas subsequently conducted experimental trials in India (attended by Antrix officials, including the company's then chairman), Chengdu and Beijing in China, and Stuttgart in Germany, which successfully demonstrated the hybrid satellite-terrestrial systems and end-user terminals that Devas had developed in conjunction with a global network of leading technology players such as Alcatel Lucent, it said. On February 25, 2011, Antrix issued a termination notice to Devas, which among other things stated that the policy decision was of the central government, acting in its sovereign capacity is the event of force majeure, which was an occurrence on February 23, 2011. "The scope and duration of the said decision cannot be anticipated. It is likely to be indefinite. It is not possible for Antrix to take any effective step to resume the obligations under the agreement," Antrix said. Devas disputed Antrix's repudiation of the agreement and sought to conduct discussions among senior management as contemplated by that agreement. In June 2011, Devas commenced arbitration proceedings under the Rules of Arbitration of the International Chamber of Commerce. Antrix initially refused to participate in the arbitration and obtained an injunction from the Indian Supreme Court enjoining the arbitration. After one year, the Supreme Court lifted the injunction, allowing the arbitration to proceed. Thereafter, Antrix participated fully in the arbitration. SEE ALSO: <a href="https://www.businessinsider.in/science/space/news/kepler-estimates-there-are-at-least-300-million-potentially-habitable-planets-within-the-milky-way-galaxy/articleshow/78946863.cms">Kepler estimates there are at least 300 million potentially habitable planets within the Milky Way galaxy</a> <a href="https://www.businessinsider.in/science/health/news/mit-has-a-new-ai-model-that-can-detect-asymptomatic-covid-19-patients-just-by-the-using-the-sound-of-their-coughs-recorded-over-phone-calls/articleshow/78927475.cms">MIT has a new AI model that can detect asymptomatic COVID-19 patients just by the using the sound of their coughs recorded over phone calls</a> <a href="https://www.businessinsider.in/business/corporates/news/tata-communications-executive-explains-how-iot-is-expanding-beyond-manufacturing-and-which-sectors-are-showing-the-fastest-growth/articleshow/78924587.cms">EXCLUSIVE: Tata Communications’ IoT head explains how COVID is driving the next wave of Internet of Things</a>

US court asks ISRO's commercial arm to $1.2 billion compensation to Bengaluru start-up for cancelling a satellite deal

Having lost a huge case in international arbitration, India might have to pay up to a billion dollars in damages. The case involved cancelling a contract that involved leasing two satellites and their spectra. 
 

	Other than the heavy penalty, the decision will also malign the country’s reputation with its international investors.
 The <keyword id="170355" type="ORGANIZATION" weightage="100" keywordseo="International-Criminal-Court">International Criminal Court</keyword>, sitting in The Hague (Netherlands) has ruled against the Indian government in a case that was filed by Devas Multimedia. As per reports, the contract was cancelled in 2005 by <a href="http://www.businessinsider.in/Antrix-website-not-hacked-damage-done-purposefully/articleshow/48057241.cms">Antrix</a>, the commercial arm of the state-run <a href="http://www.businessinsider.in/ISRO-to-launch-12-18-satellites-per-year/articleshow/52867943.cms">ISRO</a>. 
	 
	Also read: <a href="http://www.businessinsider.in/Indias-Space-Industry-SleepingWarhorse-Must-Wake-Up-Run/articleshow/28382468.cms">India’s Space Industry – Sleeping Warhorse Must Wake Up &amp; Run</a>
 

	It was in 2015 that Devas had filed its case at the international court of arbitration against Antrix, citing that it had agreed to lease two long-term satellites operating in the S-band spectrum, but cancelled the contract.
 

	The tribunal said in its judgement that the Indian government was unfair in cancelling the contract, as this caused undue losses to several companies that had put huge amounts of money in Devas Multimedia. 
	 
	Also read: <a href="http://www.businessinsider.in/ISRO-successfully-tests-made-in-India-mini-space-shuttle/articleshow/52396158.cms">ISRO successfully tests ‘made in India’ mini space shuttle</a> 
	 
	<a href="http://voxukraine.org/wp-content/uploads/2016/01/The-International-_2166929b-1.jpg">Image source</a>

India could pay up to $1bn in damages as it loses a huge arbitration internationally

It’s a cliché when we say that <keyword id="3658" type="COUNTRY" weightage="100" keywordseo="India">India</keyword> and <keyword id="1334" type="COUNTRY" weightage="100" keywordseo="China">China</keyword> have been two unique political-socio-economic-cultural experiments in human history. It’s quite obvious, after all – never before such large populations have been under the sovereign rule and governed by political systems that are poles apart. And never before two nations with such massive socio-cultural diversity (especially India) have lived in such extreme economic disparity and still remained stable. To that quartet of politics, economics, society and culture, we can now add one more context – science &amp; technology. Interestingly, both of them have created and deployed homegrown technologies to capture the final frontier – the space. 
 China took off back in 2003 while 2013 might be looked upon as the turning point when we truly pitched a tent in space. It doesn’t take <keyword id="9428" type="UNKNOWN" weightage="100" keywordseo="Rocket">rocket</keyword> science to imagine that barring a catastrophe on the lines of Hollywood action disasters, rockets will eventually lead to the biggest industry ever for the mankind. China has already leaped ahead of <keyword id="6355311" type="COUNTRY" weightage="80" keywordseo="Japan">Japan</keyword> and Europe by sending many humans into the space while India, with <keyword id="913432" type="UNKNOWN" weightage="100" keywordseo="Chandrayaan-1">Chandrayaan 1</keyword> in 2008 and the recent <keyword id="1506013" type="UNKNOWN" weightage="100" keywordseo="mangalyaan">Mangalyaan</keyword> (<keyword id="6625456" type="ORGANIZATION" weightage="100" keywordseo="Mars-Orbiter-Mission">Mars Orbiter Mission</keyword>), has carved its own lane in the race to capture the <keyword id="2001111" type="UNKNOWN" weightage="100" keywordseo="Global-space-market">global space market</keyword>. 
 The <keyword id="2001134" type="UNKNOWN" weightage="100" keywordseo="Space-market">space market</keyword> consists of two major product/service categories – <keyword id="133588" type="UNKNOWN" weightage="100" keywordseo="communication-satellites">communication satellites</keyword> and <keyword id="2001117" type="UNKNOWN" weightage="100" keywordseo="Non-communication-satellites">non-communication satellites</keyword>. Communication satellites usually weigh around 4,000-5,000 kg and currently, India does not possess any <keyword id="1542232" type="UNKNOWN" weightage="100" keywordseo="Space-Launch-Vehicle">space launch vehicle</keyword> (aka ‘rocket’) to put modern-day communication satellites into <keyword id="6375157" type="CITY" weightage="100" keywordseo="Orbit">orbit</keyword>. Non-communication satellites include earth observation, weather, navigation and research satellites. And here’s where India already has assets for big returns. 
 India currently has two broad classes of launch vehicles. One is the workhorse called <keyword id="622933" type="COMPANY" weightage="100" keywordseo="Polar-Satellite-Launch-Vehicle">Polar Satellite Launch Vehicle</keyword> (<keyword id="6395832" type="COMPANY" weightage="100" keywordseo="PSLV">PSLV</keyword>), with many proven variants, and the other is the much-touted future giant called <keyword id="1647388" type="UNKNOWN" weightage="100" keywordseo="Geo-synchronous-Satellite-Launch-Vehicle">Geo-synchronous Satellite Launch Vehicle</keyword> (<keyword id="138322" type="ORGANIZATION" weightage="100" keywordseo="GSLV">GSLV</keyword>), with only one proven variant. Besides Chandrayaan 1 and Mars Orbiter Mission, PSLV has also launched many of our earth observation and weather satellites, along with India’s first ever <keyword id="1723872" type="UNKNOWN" weightage="100" keywordseo="navigation-satellite">navigation satellite</keyword> (aka <keyword id="911057" type="UNKNOWN" weightage="100" keywordseo="GPS-satellite">GPS satellite</keyword>, which is actually a name given to the bunch of the <keyword id="2001124" type="UNKNOWN" weightage="100" keywordseo="US-navigation-satellites">US navigation satellites</keyword> but has become ubiquitous) called <keyword id="2001125" type="UNKNOWN" weightage="100" keywordseo="IRNSS-1A">IRNSS 1A</keyword>, in July 2013. 
 The PSLV launch score card reads 23 successful endeavours out of 25. And the maximum load PSLV has successfully put in the orbit is 1,850 kg. It has put 64 <keyword id="6358065" type="PERSON" weightage="100" keywordseo="Satellite">satellite</keyword>s in orbit till date – 29 of them are Indian and 35 foreign ones. But here’s the catch. None of the foreign satellite launches were exclusively commercial launches but just mini piggybacks, always along with a major <keyword id="397800" type="UNKNOWN" weightage="100" keywordseo="Indian-satellite">Indian satellite</keyword>. The total mass of all foreign satellites launched by India till date is less than what a single PSLV launch can achieve. 
 Thus, in spite of having the space warhorses born and brought up in our own backyard and ready to scoop out a huge chunk of the space market pie, they’ll turn grey without running many a race, courtesy the stale socialist mindset on which the Indian polity still feeds. But can we really be the tiger in the space Olympics? Check this. India launched its <keyword id="164562" type="ORGANIZATION" weightage="100" keywordseo="Mars-mission">Mars mission</keyword> within 15 months of the government’s approval in August 2012. And that, too, when the initial feasibility study had designated GSLV as the launch vehicle. 
 When GSLV was rejected due to technical snags appearing in two successive launches in 2010, PSLV was quickly cleared and made ready to fire within 15 months, along with developing all <keyword id="81047" type="COMPANY" weightage="100" keywordseo="scientific-instruments">scientific instruments</keyword> on MOM and the upgradation of ground-based facilities. Hence, we don’t even need a predator’s eyesight for the hunt as the ground is swarming with potential targets. 
 The <keyword id="2001136" type="UNKNOWN" weightage="100" keywordseo="Global-space-economy">global space economy</keyword>, including <keyword id="2001137" type="UNKNOWN" weightage="100" keywordseo="Satellite-industry-revenues">satellite industry revenues</keyword> and <keyword id="2001138" type="UNKNOWN" weightage="100" keywordseo="Government-budgets">government budgets</keyword>, stood at $304 billion in 2012. The <keyword id="911963" type="UNKNOWN" weightage="100" keywordseo="satellite-industry">satellite industry</keyword> includes <keyword id="1814082" type="UNKNOWN" weightage="100" keywordseo="satellite-services">satellite services</keyword>, <keyword id="2001151" type="UNKNOWN" weightage="100" keywordseo="Satellite-manufacturing">satellite manufacturing</keyword> &amp; launch, and ground equipment. Out of these, satellite services largely depend on the state of <keyword id="6355065" type="COMPANY" weightage="100" keywordseo="tv">TV</keyword>, <keyword id="12905" type="COMPANY" weightage="100" keywordseo="Radio">radio</keyword>, <keyword id="17591" type="TECHNOLOGY" weightage="100" keywordseo="Broadband">broadband</keyword> and <keyword id="471844" type="UNKNOWN" weightage="100" keywordseo="mobile-communication">mobile communication</keyword> services, <keyword id="2001147" type="UNKNOWN" weightage="100" keywordseo="Transponder-agreements">transponder agreements</keyword> and other managed services for the home country or others. India mostly leverages its <keyword id="2001148" type="UNKNOWN" weightage="100" keywordseo="Satellite-base">satellite base</keyword> for domestic usage and rarely rents it for <keyword id="2001149" type="UNKNOWN" weightage="100" keywordseo="Foreign-commercial-use">foreign commercial use</keyword>. 
 But where we have already lost ground is <keyword id="2001150" type="UNKNOWN" weightage="100" keywordseo="Satellite-manufacturing-and-launch">satellite manufacturing and launch</keyword> which grew 23% to $14.6 billion and 35% to $6.5 billion, respectively, in 2012 alone. We still can’t launch communications satellites although China has already launched five for other nations. A total of 951 satellites in the earth observation, navigation and weather categories, all in PSLV’s range, are planned to be launched by various governments and private entities during 2009-2018, as per the consultancy firm <keyword id="2001126" type="UNKNOWN" weightage="60" keywordseo="Euroconsult">Euroconsult</keyword>’s report in 2009. Five years have elapsed since and with average satellite costs at $99 million and average launch price at $51 million in the previous decade, the lost opportunity costs are mindboggling. 
 So the task is cut out for the future central government. First, it must control the mushrooming of scams like the <keyword id="557071" type="UNKNOWN" weightage="100" keywordseo="Antrix-Devas-deal">Antrix-Devas deal</keyword> – one which tarnished India’s image as a <keyword id="2001106" type="UNKNOWN" weightage="100" keywordseo="major-space-industry-player">major space industry player</keyword> even before it became one. Second, it must unleash the power of India’s private space industry comprising both manufacturing and services players.

India’s Space Industry – Sleeping
Warhorse Must Wake Up & Run

<ul><li>The <keyword id="83655" type="General" weightage="20" keywordseo="Union-health-ministry" source="Orion">Union Health Ministry</keyword> has asked all states and union territories to ramp up strategic <keyword id="8913051" type="General" weightage="20" keywordseo="Covid-19-testing" source="Orion">COVID-19 testing</keyword>.</li><li>According to <keyword id="9386668" type="General" weightage="20" keywordseo="ICMR-data" source="Orion">ICMR data</keyword>, the number of testing has declined in several states and union territories.</li><li>According to the new circular issued by the Ministry, asymptomatic patients of COVID-19 and all at-risk contacts of laboratory-confirmed cases should also be tested.</li></ul>As India is battling with rising COVID-19 cases in the country, the union health ministry issued a new circular asking all the states and union territories to ramp up COVID-19 testing in a strategic and focused manner. According to <keyword id="6364555" type="General" weightage="20" keywordseo="Indian-Council-of-Medical-Research" source="Orion">Indian Council of Medical Research</keyword> (<keyword id="6364396" type="General" weightage="20" keywordseo="ICMR" source="Orion">ICMR</keyword>) data, the number of testing has declined in several states and union territories. Arti Ahuja, additional secretary of the Union Health Ministry, said, “In order to ensure that an effective track of the speed of the pandemic is kept and also immediate citizen-centric action is initiated, it is incumbent upon all states and union territories to enhance testing.” According to the circular, those who are asymptomatic and all-at risk contacts of laboratory-confirmed cases should also be tested. Whereas, ICMR, earlier seven days back, issued <a href="https://www.businessinsider.in/india/news/asymptomatic-persons-and-contacts-of-confirmed-cases-dont-require-testing-says-icmr-in-its-new-guidelines/articleshow/88827826.cms">new guidelines</a> in which it suggested that asymptomatic patients need not to be tested. Commenting on the ICMR’s guideline, Ahuja said, “I would like to reiterate the advisory on purposive testing issued by ICMR on 10th January 2022.” She further added, “All advisories on testing issued by ICMR including the latest advisory, the basic objective remains the same — early detection of cases for quick isolation and care.” In addition, testing remains a key management on the following two counts — Identification of new clusters and new hotspots to curb the spread of the infection and ensuring reduction in mortality and morbidity. SEE ALSO: <a target="_blank" class="c-link c-message_attachment__title_link" href="https://www.businessinsider.in/india/news/nirmala-sitharaman-press-conference/articleshow/88973913.cms">India plans to use the Supreme Court order in Antrix-Devas case to defend Air India's assets</a> <a target="_blank" class="c-link c-message_attachment__title_link" href="https://www.businessinsider.in/stock-market/news/sensex-slips-500-points-today-on-fear-that-us-fed-may-hike-interest-rates-soon/articleshow/88974785.cms">Sensex slips 500 points on fear that US Fed may hike interest rates soon</a>

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India plans to use the Supreme Court order in Antrix-Devas case to defend Air India's assets

BI India Bureau

US court asks ISRO's commercial arm to $1.2 billion compensation to Bengaluru start-up for cancelling a satellite deal

PTI

India could pay up to $1bn in damages as it loses a huge arbitration internationally

BI India Bureau

India’s Space Industry – Sleeping Warhorse Must Wake Up & Run

Anchal Gupta

Union health ministry asks states to ramp up testing including asymptomatic contacts

Vaamanaa Sethi

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