Nuclear damage liability act and rules take effect

By Saurabh Bhasin and Nishant Beniwal, Trilegal
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On 11 November, the government of India notified the coming into force of the Civil Liability for Nuclear Damage Act, 2010, and the Civil Liability for Nuclear Damage Rules, 2011. The government framed the rules in exercise of its powers under section 48 of the act.

Since the nuclear liability law was first proposed in India, it has been subject to widespread debate among both proponents and opponents of nuclear power. One of the key issues of concern for the international supplier community in relation to the act has been a supplier’s potentially unlimited liability exposure for nuclear incidents.

Liability limit

Section 6 of the act provides that the maximum liability arising from nuclear incidents shall be limited to 300 million special drawing rights (US$460 million), but this limitation is applicable only with respect to the liability of an operator.

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Saurabh Bhasin is a partner at the Delhi office of Trilegal where Nishant Beniwal is a senior associate. Trilegal is a full-service law firm with offices in Delhi, Mumbai, Bangalore and Hyderabad and has over 140 lawyers, some of whom have experience with law firms in the US, UK and Japan.

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