Hindustan Times (Patiala)

Net neutrality: Prasad says right to access internet not negotiable

- Murali Krishnan letters@hindustant­imes.com ■

NEW DELHI: Right to access internet in the context of net neutrality is non-negotiable in India and it flows from right to informatio­n, Union law minister, Ravi Shankar Prasad, said on Monday.

Prasad was speaking at the book launch of the fourth edition of ‘Commentary on the Law of Arbitratio­n’ authored by Supreme Court judge, justice Indu Malhotra.

“On the issue of net neutrality, I told Parliament that I will not go into any debate at all. Access to internet in India is plainly nonnegotia­ble. It flows from our right to have informatio­n,” he said.

Prasad also said that the gov“New ernment’s approach would be to allow foreign arbitrator­s with specific reference to New Delhi Internatio­nal Arbitratio­n centre which was establishe­d with the passage of the New Delhi Internatio­nal Arbitratio­n Centre Act in July, 2019.

Delhi arbitratio­n centre will be completely autonomous. Foreign arbitrator­s will be permitted. This is our approach,” he said.

The event was also attended by Chief Justice of India, SA Bobde, Vice-president of Internatio­nal Court of Arbitratio­n, Salim Moollan, and senior advocate, Darius Khambata.

The discussion at the event centered on bilateral investment treaty arbitratio­n with Prasad hinting at subjective elements creeping into such arbitratio­n since no big economy has faced an adverse award.

Investment treaty arbitratio­n is arbitratio­n based on an investment treaty between two or more nations. In such arbitratio­ns, the arbitral tribunal judges the host nation’s behaviour towards the foreign investor and gives its findings on the same.

CJI Bobde said that investment treaty arbitratio­n is an asymmetric­al mechanisn as only one party, that is, the foreign investor can be a claimant. He pointed out that such disputes, many a time, relate to cases pending before domestic courts.

Justice Indu Malhotra said that there are over 30 claims against India currently under bilateral investment treaty arbitratio­ns with the claim amounts running to over $100 billion.

“It is, therefore, a matter of serious national concern,” said justice Malhotra.

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Ravi Shankar Prasad
■ Ravi Shankar Prasad

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