The Hague connection: Harish Salve, who once appeared for India at ICJ, deals blow to govt in Cairn arbitration case

In May 2017, Harish Salve represented India at the International Court of Justice, arguing India’s stance in the Kulbhushan Jadhav. His efforts had led to the ICJ ordering a provisional stay on Jadhav’s execution until a final verdict could be declared. The fact that Salve had charged a token Re. 1 as legal fees also made headlines. Considered one of the most influential figures in India, Salve had also represented Vodafone in its $2.5 billion tax dispute with the Indian administration. While he had initially lost the case at the Bombay High Court, he later won it at the Supreme Court.

Now, in 2020, Salve appears to have has once again found himself on the winning side, against the Indian government. In a 582-page order, the The Permanent Court of Arbitration at The Hague on Wednesday invalidated India’s $2.74-billion 2015 tax claim on Cairn Energy and also ordered the country to return up to $1.4 billion in funds withheld, interest and costs.