Serum has no right to halt vaccine supply as payment made in advance: Papon

[Destranator]

Bangladesh can sue India’s Serum: legal experts

Bangladesh can sue the Serum Institute of India Private Limited on the charge of breaching the contract by not supplying the Oxford-AstraZeneca vaccine as per a contract it signed with Bangladesh, according to legal experts.

On April 25, Bangladesh suspended its first dose of Covid vaccination for an indefinite period after the Serum Institute broke the deal of supplying three crore of the Oxford-AstraZeneca vaccine. The suspension came after Serum supplied only 70 lakh doses in two months against the purchase deal for supplying three crore doses in six months.

The legal experts cited the example of the European Union which launched legal action against the coronavirus vaccine manufacturer AstraZeneca to sue the company for not respecting its vaccine supply contract, and for not having a ‘reliable’ plan to ensure timely deliveries.

‘A breach of contract has definitely occurred by not providing the dose,’ arbitration expert and Supreme Court Moin Gani told New Age.

He said that the type of legal remedy for the damage can be determined after examining the terms and conditions of the contract.

He added that there are different legal remedies for different types of contracts.

A contract between Bangladesh’s government and that of India would follow one procedure while the contract between two private entities of the two countries would follow another procedure, he said.

Under the agreement, the Serum Institute of India should provide Bangladesh with 50 lakh doses each month starting from January 2021 but supplied 50 lakh doses in January and then 20 lakh doses in February before suspending the supply in March.

According to Finance Division officials, Bangladesh has already paid Tk 1,455.08 crore to the Serum Institute in two instalments for the procurement of 1.5 crore vaccine doses in advance.

Another arbitration expert and SC lawyer Md Asaduzzaman said that Serum must be sued for breaching the contract.

He said that the cause of action of the case would depend on the arbitration clauses of the tripartite agreement.

He said that a commercial arbitration case could be lodged with the International Arbitration Court by the government for breaching a commercial contract.

He said that if the deal does not contain any arbitration clause, then the course of action would be different and in that case, Bangladesh would have to file a case either in India or in Bangladesh.

Asaduzzaman said that everything will depend on how the deal was signed.

Dhaka University’s law professor Asif Nazrul said that the government should prosecute the Serum Institute to pressurise India for getting the dose as per the deal.

He also suggested that the government should hire a good lawyer to fight the case.

He said that under the contract law, Serum could only be excused from supplying the remaining doses in case of the collapse of its lab because of the natural disaster.

Arbitration expert and SC lawyer Md Mustafizur Rahman Khan said that it would be unwise to make any comment without going through the contract papers.

In a press release, the Directorate General of Health Services on April 25 said that the first-dose Covid vaccination would remain suspended until further order.

‘The Serum has failed to supply promised vaccines due to its export ban,’ DGHS line director Robed Amin told New Age after the virtual press conference in which he appealed for more supply from the Serum Institute.

‘We have asked Beximco Pharmaceuticals, the company responsible for bringing the vaccine doses from the Serum Institute under a tripartite agreement involving the Bangladesh government, to arrange for at least 20 lakh doses at the earliest possible time,’ Robed said in the press conference.

Bangladesh does not have in store enough vaccine doses to administer the second shot of the double-dose vaccine on more than 14 lakh people while another 14 lakh who registered for the vaccination but are yet to receive the jab.

The health agency data showed that until Sunday 5,818,400 people had received the first jab of the vaccine and 2,326,866 of them had their second dose.

Bangladesh has now over 20 lakh doses in store out of the 32 lakh doses it received as a gift from India in addition to the 70 lakh doses supplied by the Serum Institute.

The Indian High Commission in Dhaka issued the diplomatic note in response to a request from Bangladesh’s foreign ministry to expedite the supply of Serum’s Covid vaccine as per the deal.

A total of 72,24,307 people have registered online for inoculation until April 25, just before the government decided to suspend the first dose of the Covid vaccine.

Bangladesh can sue India’s Serum: legal experts

Bangladesh can sue the Serum Institute of India Private Limited on the charge of breaching the contract by not supplying the Oxford-AstraZeneca vaccine as per a contract it signed with Bangladesh, according to...

www.newagebd.net

This is just plain stupid. This is "Pakistan killed 3 million" level stupidity. There are many things to blame India for, this is not one of them.
Why on Earth would India export vaccines when Indians are lying dead on the streets left and right?

Let us leave this India obsession and India centric paranoia to certain other countries and focus on our own deficiencies.
A country which meets 95%+ of it pharma demand with local production should have been manufacturing vaccines by now.
Why did we not obtain the Astrazenica licence earlier?
Why are we not publicly funding Bongavax development?
Why are we not self sufficient in Oxygen production?
We need to start looking in the mirror.

 

[VikingRaider]

Why on Earth would India export vaccines when Indians are lying dead on the streets left and right?

Why they signed the agreement? Was there any condition in the agreement that if they are in crisis, they shall hold the right to stop exporting and can put their customers in to corner?

If there was no such condition, they can't do it.

If there was such condition then why our authority sign in such agreement?

Are we living on their mercy? Are we their colonial subjects?

If we can pay advance , why we didn't make the agreement with some others who have professional ethics?

Why did we not obtain the Astrazenica licence earlier?
Why are we not publicly funding Bongavax development?
Why are we not self sufficient in Oxygen production?
We need to start looking in the mirror.

Exactly. We had sufficient time, we did nothing instead of just lip servicing and worshipping personality cult.

So yes we can blame India for sure because of their lack of professionalism.

But the main blame goes to the sycophants of India in our govt, who don't see other options than only to lick Indian ball.

@Destranator

 

[Bilal9]

@Bilal9 bhai , asole esob bole ar lav nei, now ektai kotha do or die. Vaccination and water er fair share ek jinis na.

If now Indian variants spread in Bangladesh,there will be massacre in Bangladesh.

We have no good medical infrastructure, we have very few ICU outside Dhaka or maybe some other cities ( Although negligible compared to Dhaka) , so now big talk from them will not help.

When Indian hospitals can't manage Indian variant , how can we control it?

So now the border should be remained shut as long as we get vaccine.

Still i am in doubt that how long you con control every movement in such huge border?

I am expecting a big mess for us, please Allah save us.

India deadly variant can't be controlled by lip service to Hasina by saying that, "Where Hasina if prime minister, we have no tension of coronavirus" .

Now it's time to take action rather than lip service.

These guys acted as mistress/concubine/harem girl of India ,and now paying big price.

Papon ze prothrom video te misti misti kothar somoy na boltese, oitao asole oder misti kothar e ongsho.

Yup agreed - Papon is kind of a fake I guess.

Now that India won't supply vaccine, tough words are flowing out of his lips.

This is just plain stupid. This is "Pakistan killed 3 million" level stupidity. There are many things to blame India for, this is not one of them.
Why on Earth would India export vaccines when Indians are lying dead on the streets left and right?

Let us leave this India obsession and India centric paranoia to certain other countries and focus on our own deficiencies.
A country which meets 95%+ of it pharma demand with local production should have been manufacturing vaccines by now.
Why did we not obtain the Astrazenica licence earlier?
Why are we not publicly funding Bongavax development?
Why are we not self sufficient in Oxygen production?
We need to start looking in the mirror.

BTW we are self sufficient in Oxygen production.

Total demand in Bangladesh is 200 tons per day max at this time.

Abul Khair concentrator plant in Chittagong can supply 260 tons per day. They are supplying Oxygen cylinders to all points in Bangladesh.

As predicted - India stopped exporting Oxygen to Bangladesh, we are on our own.

 

[UKBengali]

BTW we are self sufficient in Oxygen production.

Total demand in Bangladesh is 200 tons per day max at this time.

Abul Khair concentrator plant in Chittagong can supply 260 tons per day. They are supplying Oxygen cylinders to all points in Bangladesh.

As predicted - India stopped exporting Oxygen to Bangladesh, we are on our own.

Thanks bro, great to hear that BD has enough oxygen generation capacity, if there was a surge in coronavirus cases, and needs more oxygen being supplied to its hospitals.


@mb444

 

[VikingRaider]

Thanks bro, great to hear that BD has enough oxygen generation capacity, if there was a surge in coronavirus cases, and needs more oxygen being supplied to its hospitals.


@mb444

Enough oxygen ,not enough ICU. So be careful. Indian border must remain closed before India recover from current mess.

 

[UKBengali]

Enough oxygen ,not enough ICU. So be careful. Indian border must remain closed before India recover from current mess.

80% of people needing hospital treatment for coronavirus do not need to be sent to ICU - they just need extra oxygen to help them for 5 days or so as their body fights the virus.

A normal bed with a trained medic is all that is required on this case.

 

[F-6 enthusiast]

at this time.

AT THIS TIME. let's hope we don't face the same situation as india and that our plants can fulfill demand if need be.

 

[lonelyman]

Why they signed the agreement? Was there any condition in the agreement that if they are in crisis, they shall hold the right to stop exporting and can put their customers in to corner?

If there was no such condition, they can't do it.

If there was such condition then why our authority sign in such agreement?

Are we living on their mercy? Are we their colonial subjects?

If we can pay advance , why we didn't make the agreement with some others who have professional ethics?


Exactly. We had sufficient time, we did nothing instead of just lip servicing and worshipping personality cult.

So yes we can blame India for sure because of their lack of professionalism.

But the main blame goes to the sycophants of India in our govt, who don't see other options than only to lick Indian ball.

@Destranator

exactly, a deal is a deal

modi/shah fucked up, why should Bangladesh pay?

 

[VikingRaider]

exactly, a deal is a deal

modi/shah fucked up, why should Bangladesh pay?

Bangladesh shouldn't pay. But some Bangladeshi users are supporting Indian policy;either intentionally or unintentionally, because they are just too naive. Only almighty knows who belong to which group!

Whatever maybe the case , submitting in such case isn't dignity at least.

I am imagining what if Pakistan signed such deal ( if Pakistan had the capability )I am sure many people would equate it with 1971 and would keep labelling it as second genocide.

@lonelyman

 

[Rana4pak]

80% of people needing hospital treatment for coronavirus do not need to be sent to ICU - they just need extra oxygen to help them for 5 days or so as their body fights the virus.

A normal bed with a trained medic is all that is required on this case.

u don’t have enough knowledge about corona crisis management. As a doctor I tell you normal medic n bed is not enough . Do vaccines as early as possible

 

[UKBengali]

u don’t have enough knowledge about corona crisis management. As a doctor I tell you normal medic n bed is not enough . Do vaccines as early as possible

Here in the UK 80% of people never reach ICU bed. They have a normal hospital bed and oxygen support. Some drugs like dexamethasone(cheap and easily accessible) are also given as that reduces deaths by 20%.

Maybe it is different in Pakistan.

BD is doing just fine with vaccinations as it has jabbed 8 million so far - several times higher than Pakistan with a population 20% lower. Also the cases have plummeted by more than 50% in last 2-3 weeks.

 

[mb444]

Here in the UK 80% of people never reach ICU bed. They have a normal hospital bed and oxygen support. Some drugs like dexamethasone(cheap and easily accessible) are also given as that reduces deaths by 20%.

Maybe it is different in Pakistan.

BD is doing just fine with vaccinations as it has jabbed 8 million so far - several times higher than Pakistan with a population 20% lower. Also the cases have plummeted by more than 50% in last 2-3 weeks.

I would seriously urge everyone concerned not to take anything for granted.

The take off of infection from a relitively low base in india is a cautionary tale.

BD needs to keep its border shut for non essentials, stockpile on oxygen, medicine and mobilise healthworkers for worst case scenario.

It also needs to sue SII for breach of contract and start buying up as much vaccines as possible internationally. Additionally it needs to give Bangavax emergency go ahead to begin production whilst human trial is conducted

 

[mb444]

Here in the UK 80% of people never reach ICU bed. They have a normal hospital bed and oxygen support. Some drugs like dexamethasone(cheap and easily accessible) are also given as that reduces deaths by 20%.

Maybe it is different in Pakistan.

BD is doing just fine with vaccinations as it has jabbed 8 million so far - several times higher than Pakistan with a population 20% lower. Also the cases have plummeted by more than 50% in last 2-3 weeks.

UK per capita death rate from covid is one of the highest in the world....i do not think we should advise anyone on anything to do with this pandemic. UK recent success in delivering vaccines quickly is a fluke when juxtaposed with universal failure in every other respect.

 

[itsanufy]

Yup agreed - Papon is kind of a fake I guess.

Now that India won't supply vaccine, tough words are flowing out of his lips.


BTW we are self sufficient in Oxygen production.

Total demand in Bangladesh is 200 tons per day max at this time.

Abul Khair concentrator plant in Chittagong can supply 260 tons per day. They are supplying Oxygen cylinders to all points in Bangladesh.

As predicted - India stopped exporting Oxygen to Bangladesh, we are on our own.

Your figures og O2 demand for BD can't be real.

West Bengal a population of 9 Crores need 227 tones daily in a normal situation out of 457 tones of production capacity, which will raise to 450 tones in peak covid.

BD with a population of 16 Crores definitely needs lot more than 200 tones.

 

[UKBengali]

The take off of infection from a relitively low base in india is a cautionary tale.

BD needs to keep its border shut for non essentials, stockpile on oxygen, medicine and mobilise healthworkers for worst case scenario.

Yes but what was happening in India when this take-off happened?

Modi was allowing a "free-for-all" and was more interested in election rallies than in keeping his eye on the pandemic.
Even now they are allowing pilgrims in Ganges and voters in W Bengal are physically voting!

This whole tragedy in India is man-made and not an act of nature. Corona can be controlled by having enough social distancing, it does not have to be perfect, and BD will not repeat what India has done until it has at least had enough of those most likely to be hospitalised vaccinated.

The points I do agree on is that the border with India needs to be kept shut till the pandemic is brought under control in India and case numbers have fallen back to what they were at the end of March, stockpile on oxygen, medicines and also make sure that BD medical workers can handle mass numbers of hospital admissions, within its resource capacity, in worse case scenario.