Air India has asked a New York court to dismiss a petition filed by Britain's Cairn Energy for seizure of its assets to enforce $1.2 billion arbitral awards against the Indian government, saying the litigation was premature as an appeal against the arbitration award was still pending.

The petition by the airline, which is separate to Indian government's plea in a Washington court seeking dismissal of Cairn's lawsuit to seek confirmation of the arbitral award, said the New York district court lacks jurisdiction to adjudicate a "mere hypothetical question" or one that depends upon contingent future events that may or may not occur.

Cairn first moved a court in the US District Court for the District of Columbia seeking confirmation of the arbitration award and then filed a petition in the New York court to seek declaration of Air India as "alter ego" of the Indian government and so it should be made liable to pay the $1.26 billion arbitral award.

An international arbitration tribunal in December last year set aside the levy of capital gains tax, using a 2012 retrospective legislation, on a 2006 reorganisation of India business that Cairn carried before listing it on local stock exchanges. It ordered India to return the value of shares seized and sold, dividend confiscated and tax refund withheld to enforce levy.

<a href="https://www.wionews.com/india-news/air-india-says-data-on-45-million-passengers-stolen-386687">Also read |&nbsp;Air India says data on 4.5 million passengers stolen</a>

With India refusing to pay, Cairn moved courts in the US.

"Cairn's petition to confirm the Award is pending in the District Court for the District of Columbia," Air India said in the August 23 petition seen by PTI.

It went on to state that the Indian government has filed before a court in The Hague -- the seat of the international arbitration tribunal -- a Motion to Stay and a Motion to Dismiss the arbitral award.

"In effect, the Complaint (by Cairn Energy) is a premature enforcement action dressed up as a declaratory judgment action, invoking this Court's federal jurisdiction to get a head start on executing the Award before the D.D.C. has had the opportunity to address the Republic of India's immunity defenses and its claims that the Award is not subject to enforcement under the New York Convention," Air India said.

"Such an attempt is improper, and the Complaint should be dismissed."

It sought dismissal on three counts - first because the court lacks jurisdiction "to issue a declaratory judgment because the alleged controversy is not ripe", second "Air India is immune from suit because none of the exceptions to sovereign immunity under the Foreign Sovereign Immunities Act (FSIA) applies to a premature collection proceeding of a hypothetical judgment, and third "the Complaint, which presupposes an enforceable judgment that does not exist, fails to allege a cognizable cause of action."

The Indian government had earlier this month asked the US District Court for the District of Columbia (DDC) to dismiss the case, arguing that it lacks jurisdiction since the country never agreed to arbitrate tax disputes. Meanwhile, litigation filed by New

Delhi in the Netherlands to have the award set aside also remains pending.

"Cairn asks this court to issue a declaration that Air India, as alleged alter ego of [India], will be liable on a judgment that does not, and may never, exist," the airline said in the August 23 petition.

"Unless and until the court in the Cairn confirmation action determines the threshold question of the enforceability of the award against (India), whether Cairn can then enforce that judgment against Air India under an alter ego theory is purely academic and not ripe for adjudication."

This comes within weeks of the government enacting a legislation to scrap the tax rule that gave the tax department power to go 50 years back and slap capital gains levies wherever ownership had changed hands overseas, but business assets were in India. That rule had been used to levy a cumulative of ₹ 1.10 lakh crore of tax on 17 entities, including ₹ 10,247 crore on Cairn.

The Indian government and Air India are defending their positions as rules for withdrawal of such tax demands are in the process of being framed.

"One of the requirements for the dropping of the retrospective tax demands is that the parties concerned have to give an undertaking for withdrawal of all cases against the government/tax department. So, while all this is in process, the government is obligated to respond in any legal matter where there is a time bar for doing so," an official explained.

The government in the dismissal motion filed on August 13 before DCC, cited protections afforded by the US Foreign Sovereign Immunities Act of 1976.

India in the filing said the court "lacks subject-matter jurisdiction under the FSIA because India never waived its sovereign immunity and, likewise, never offered - let alone agreed - to arbitrate the present dispute with Petitioners".

"India also never "clearly and unmistakably" excluded judicial review or delegated exclusive competence to decide these questions to an arbitral tribunal", implying that Cairn couldn't satisfy any exception to sovereign immunity under the US law, the filing said.

Air India has asked a New York court to dismiss a petition filed by Britain's Cairn Energy for seizure of its assets to enforce $1.2 billion arbitral awards against the Indian government, saying the litigation was premature as an appeal against the arbitration award was still pending.

Air India has asked a New York court to dismiss a petition filed by Britain's Cairn Energy for seizure of its assets to enforce $1.2 billion arbitral awards against the Indian government, saying the litigation was premature as an appeal against the arbitration award was still pending. The petition by the airline, which is separate to Indian government's plea in a Washington court seeking dismissal of Cairn's lawsuit to seek confirmation of the arbitral award, said the New York district court lacks jurisdiction to adjudicate a "mere hypothetical question" or one that depends upon contingent future events that may or may not occur. Cairn first moved a court in the US District Court for the District of Columbia seeking confirmation of the arbitration award and then filed a petition in the New York court to seek declaration of Air India as "alter ego" of the Indian government and so it should be made liable to pay the $1.26 billion arbitral award. An international arbitration tribunal in December last year set aside the levy of capital gains tax, using a 2012 retrospective legislation, on a 2006 reorganisation of India business that Cairn carried before listing it on local stock exchanges. It ordered India to return the value of shares seized and sold, dividend confiscated and tax refund withheld to enforce levy. Also read | Air India says data on 4.5 million passengers stolen With India refusing to pay, Cairn moved courts in the US. "Cairn's petition to confirm the Award is pending in the District Court for the District of Columbia," Air India said in the August 23 petition seen by PTI. It went on to state that the Indian government has filed before a court in The Hague -- the seat of the international arbitration tribunal -- a Motion to Stay and a Motion to Dismiss the arbitral award. "In effect, the Complaint (by Cairn Energy) is a premature enforcement action dressed up as a declaratory judgment action, invoking this Court's federal jurisdiction to get a head start on executing the Award before the D.D.C. has had the opportunity to address the Republic of India's immunity defenses and its claims that the Award is not subject to enforcement under the New York Convention," Air India said. "Such an attempt is improper, and the Complaint should be dismissed." It sought dismissal on three counts - first because the court lacks jurisdiction "to issue a declaratory judgment because the alleged controversy is not ripe", second "Air India is immune from suit because none of the exceptions to sovereign immunity under the Foreign Sovereign Immunities Act (FSIA) applies to a premature collection proceeding of a hypothetical judgment, and third "the Complaint, which presupposes an enforceable judgment that does not exist, fails to allege a cognizable cause of action." The Indian government had earlier this month asked the US District Court for the District of Columbia (DDC) to dismiss the case, arguing that it lacks jurisdiction since the country never agreed to arbitrate tax disputes. Meanwhile, litigation filed by New Delhi in the Netherlands to have the award set aside also remains pending. "Cairn asks this court to issue a declaration that Air India, as alleged alter ego of [India], will be liable on a judgment that does not, and may never, exist," the airline said in the August 23 petition. "Unless and until the court in the Cairn confirmation action determines the threshold question of the enforceability of the award against (India), whether Cairn can then enforce that judgment against Air India under an alter ego theory is purely academic and not ripe for adjudication." This comes within weeks of the government enacting a legislation to scrap the tax rule that gave the tax department power to go 50 years back and slap capital gains levies wherever ownership had changed hands overseas, but business assets were in India. That rule had been used to levy a cumulative of ₹ 1.10 lakh crore of tax on 17 entities, including ₹ 10,247 crore on Cairn. The Indian government and Air India are defending their positions as rules for withdrawal of such tax demands are in the process of being framed. "One of the requirements for the dropping of the retrospective tax demands is that the parties concerned have to give an undertaking for withdrawal of all cases against the government/tax department. So, while all this is in process, the government is obligated to respond in any legal matter where there is a time bar for doing so," an official explained. The government in the dismissal motion filed on August 13 before DCC, cited protections afforded by the US Foreign Sovereign Immunities Act of 1976. India in the filing said the court "lacks subject-matter jurisdiction under the FSIA because India never waived its sovereign immunity and, likewise, never offered - let alone agreed - to arbitrate the present dispute with Petitioners". "India also never "clearly and unmistakably" excluded judicial review or delegated exclusive competence to decide these questions to an arbitral tribunal", implying that Cairn couldn't satisfy any exception to sovereign immunity under the US law, the filing said.

Air India asks US court to dismiss Cairn petition, says it is premature

<a href="https://www.google.com/url?q=http://www.wionews.com/world/unpaid-work-done-by-women-globally-worth-43-times-apples-annual-turnover-oxfam-191775&amp;sa=U&amp;ved=0ahUKEwiCnI7QrojgAhVMuI8KHaWzBtcQFggFMAA&amp;client=internal-uds-cse&amp;cx=006054055338965708568:09spwrlibei&amp;usg=AOvVaw2lVuPlQ6uybpzP_U5Vk1UD">Apple</a>&nbsp;has dismissed more than 200 employees from its autonomous vehicle group, Project Titan, CNBC reported on Thursday, citing people familiar with the matter.

The dismissals are seen, internally, as anticipated restructuring under the relatively new leadership of Project Titan, CNBC said.

"As the team focuses their work on several key areas for 2019, some groups are being moved to projects in other parts of the company, where they will support machine learning and other initiatives, across all of Apple," the company said in a statement.

However, Apple didn't confirm or deny the layoffs.

Last year, the iPhone maker hired Doug Field, an Apple veteran and a Tesla engineering vice president, to lead the Project Titan team alongside Bob Mansfield.

Apple has dismissed more than 200 employees from its autonomous vehicle group, Project Titan, CNBC reported on Thursday, citing people familiar with the matter. The dismissals are seen, internally, as anticipated restructuring under the relatively new leadership of Project Titan, CNBC said.

Apple has dismissed more than 200 employees from its autonomous vehicle group, Project Titan, CNBC reported on Thursday, citing people familiar with the matter. The dismissals are seen, internally, as anticipated restructuring under the relatively new leadership of Project Titan, CNBC said. "As the team focuses their work on several key areas for 2019, some groups are being moved to projects in other parts of the company, where they will support machine learning and other initiatives, across all of Apple," the company said in a statement. However, Apple didn't confirm or deny the layoffs. Last year, the iPhone maker hired Doug Field, an Apple veteran and a Tesla engineering vice president, to lead the Project Titan team alongside Bob Mansfield.

Apple dismisses over 200 staff from autonomous vehicle group: Report

Apple on Tuesday rejected allegations from Russia&#39;s state competition watchdog it may have been involved in fixing prices for iPhones, saying resellers set their own prices. 
 
Apple reacted a day after Russia&#39;s Federal Anti-Monopoly Service (FAS) said it had opened a case into the allegations after a consumer had pointed out that identical prices had been set for iPhone 6s and iPhone 6s Plus models, which appeared in Russia in October 2015, at 16 major resellers. 
 
Apple, in emailed comments, said it did not oblige Russian resellers to fix prices for its products. 
 
&quot;Resellers set their own prices for the Apple products they sell in Russia and around the world,&quot; the company&#39;s press office said. 
 
FAS said it was looking into the idea that Apple had somehow obliged Russian resellers to treat its recommended product prices as mandatory. It said an investigation had shown that retailers had set identical prices and kept them at that level for a certain time period, including for other models. 
 
FAS has the power to fine firms it finds guilty of price-fixing. 
 
(Reuters)

The Russian state watchdog had opened a case after a consumer pointed out identical prices had been set for the 6s and 6s Plus models

Apple on Tuesday rejected allegations from Russia's state competition watchdog it may have been involved in fixing prices for iPhones, saying resellers set their own prices. Apple reacted a day after Russia's Federal Anti-Monopoly Service (FAS) said it had opened a case into the allegations after a consumer had pointed out that identical prices had been set for iPhone 6s and iPhone 6s Plus models, which appeared in Russia in October 2015, at 16 major resellers. Apple, in emailed comments, said it did not oblige Russian resellers to fix prices for its products. "Resellers set their own prices for the Apple products they sell in Russia and around the world," the company's press office said. FAS said it was looking into the idea that Apple had somehow obliged Russian resellers to treat its recommended product prices as mandatory. It said an investigation had shown that retailers had set identical prices and kept them at that level for a certain time period, including for other models. FAS has the power to fine firms it finds guilty of price-fixing. (Reuters)

Apple dismisses iPhone price-fixing allegations in Russia

The International Boxing Association (AIBA) has dismissed allegations of corruption within the organisation and demanded proof after a British newspaper reported that some bouts in the Rio Olympics could be fixed. 
 
According to The Guardian, citing multiple sources, a group of senior referees and judges met before a major championship to decide on how to score certain bouts having earlier relied on hand and head signals to select a winner. 
 
&quot;We reiterate that, unless tangible proof is put forward, not just rumours, we cannot further comment on these allegations,&quot; the paper quoted the sport&#39;s global governing body as saying. 
 
&quot;Our role is to ensure a fair and transparent competition and that the thousands of spectators and millions of fans enjoy an amazing tournament with 13 great and undisputed gold medallists. It is not a matter for AIBA to interfere with the decision made by the judges under sporting rules.&quot; 
 
Irish judge Seamus Kelly, one of the sources named in the report, said he had been asked to fix bouts at the Arab Games in Doha in 2011 using signals, and that his fellow officials were afraid to speak out. 
 
&quot;People are afraid... because if they are judges they will be sidelined and won&#39;t get to go to the Olympics or other championships. If they are officials, they fear their country&#39;s boxers will be targeted,&quot; he said. 
 
AIBA executive committee member Terry Smith said he was not aware of the allegations, and challenged officials to take up the matter using established channels within the organisation. 
 
&quot;I wish they&#39;d confide a little bit internally,&quot; he added. &quot;I would like them to challenge it where it takes place. These are the types of rumours we certainly don&#39;t want with the Olympics coming up.&quot; 
 
(Reuters)

Executive committee member Terry Smith has challenged officials to take up the matter using established channels within the organisation

The International Boxing Association (AIBA) has dismissed allegations of corruption within the organisation and demanded proof after a British newspaper reported that some bouts in the Rio Olympics could be fixed. According to The Guardian, citing multiple sources, a group of senior referees and judges met before a major championship to decide on how to score certain bouts having earlier relied on hand and head signals to select a winner. "We reiterate that, unless tangible proof is put forward, not just rumours, we cannot further comment on these allegations," the paper quoted the sport's global governing body as saying. "Our role is to ensure a fair and transparent competition and that the thousands of spectators and millions of fans enjoy an amazing tournament with 13 great and undisputed gold medallists. It is not a matter for AIBA to interfere with the decision made by the judges under sporting rules." Irish judge Seamus Kelly, one of the sources named in the report, said he had been asked to fix bouts at the Arab Games in Doha in 2011 using signals, and that his fellow officials were afraid to speak out. "People are afraid... because if they are judges they will be sidelined and won't get to go to the Olympics or other championships. If they are officials, they fear their country's boxers will be targeted," he said. AIBA executive committee member Terry Smith said he was not aware of the allegations, and challenged officials to take up the matter using established channels within the organisation. "I wish they'd confide a little bit internally," he added. "I would like them to challenge it where it takes place. These are the types of rumours we certainly don't want with the Olympics coming up." (Reuters)

International Boxing Association dismisses corruption allegations as 'rumours'

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