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 USD 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.
