Been doing some reading31 Jul 2021 23:20
I have come to a few conclusions:
1. India has 0% chance of a successful appeal.
2. India has two ways to defend itself against asset seizures: Invoking sovereign immunity and claiming the assets are independent of the Indian Government. The sovereign immunity argument can protect assets like embassies but won't protect much else. The argument that assets are independent of the Indian government is potentially more of a problem for Cairn. It's a way to protect state owned enterprises like Air India and Shipping Corporation of India. We need to establish in court that they are an 'alter ego' of the Indian government. That really depends on the amount of control India has over those companies and their day to day operations. From what I've read it's a high bar to prove it but there's lots of evidence on our side. The flats in France seem like low hanging fruit. AFAIK they're directly owned by the Indian Government and a sovereign immunity defence won't work.
3. This situation is very bad for India, and it will continue to be very bad until it is resolved. Any assets outside India will always be at risk. They won't be able to conduct their affairs in a natural way because multiple parties will try to get courts in dozens and dozens of countries to freeze them and they'll be continually sucked into litigation, most of which they will end up losing. That creates hassle, costs and damages India's image.
4. I don't think India will ever voluntarily pay the entire amount. It's an ego thing. They're too far down the rabbit hole to admit they've screwed up so badly. We'll either have to negotiate and accept a somewhat lower amount or forcibly recoup our money.
5. Forcibly recouping our money doesn't necessarily mean confiscating assets and selling them. If we get an order against Air India in some big countries we could essentially shut down the airline because if any planes land in the country they can be seized.
5. During the arbitration proceedings, Cairn claimed that they would probably have to pay UK corporation tax on money received due to the ruling and they argued that India should have to provide money to cover that tax cost. The arbitration court didn't allow that because they said Cairn hadn't sufficiently proved that tax would be due. I'm guessing it probably will be. We could offset some of that with the accumulated UK tax losses but I don't know how large those are. Might that be part of the reason why the UK assets have been sold, to preserve the losses so they can be soaked up by the India payment?
6. I think the Indian finance minister knows they're in a terrible position but can't say it. By hook or by crook I think we'll end up recouping 80%+ of the $1.7B we're owed. Given that, I think the shares are very cheap. I think we'll wake up one day and they're massively up, either due to a big court ruling or a settlement agreement.