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India FTAs & ISDS


India rejects attempts by EU, Canada for global investment agreement
India, along with Brazil, Argentina and some other nations, has rejected an informal attempt by the European Union and Canada to work towards a global investment agreement that would incorporate a contentious ISDS mechanism.
UAE serves arbitration notice to India for failure to offer bauxite
The Indian government has been served with a notice for international arbitration by the United Arab Emirates’ Ras Al-Khaimah Investment Authority
The year 2016 for India – of new beginnings and not-so-happy endings?
While India has been reshaping its arbitration laws and investment climate, the jury is still out on whether these measures will actually help create a more secure legal environment for investors.
India and Brazil conclude negotiations of Bilateral Investment Treaty
The conclusion of negotiations between India and Brazil culminating in a near-final treaty between the two nations.
EU asks India not to scrap bilateral investment treaties with member states
The EU terms India’s move ’unilateral’, says lack of investor protection might stop European investments to India.
EU concerned as India won’t renew investment pact with Netherlands
India will not renew an investment treaty with the Netherlands that will expire on November 30 as part of its plan to rework all similar pacts it signed with other countries.
India gets 6 more weeks to respond to Cairn Energy arbitration
Cairn had in June filed a 160-page Statement of Claim seeking quashing of the retrospective tax demand on a decade-old on an internal reorganisation of its India unit.
ICJ rejects India’s plea for change arbitrator in Vodafone case
India had sought removal of Sir Franklin Berman as the presiding arbitrator of three-member panel.
UK raises Vodafone tax dispute; wants early resolution
Global MNCs like Cairn Energy and Vodafone have invoked Bilateral Investment Treaty and served arbitration notice to India over tax disputes. While the tax demand on Cairn Energy is Rs 10,247 crore, that on Vodafone is Rs 14,200 crore.
White & Case wins award for Indian investor against Poland
Global law firm has won an arbitration award for Indian investor Flemingo DutyFree in a case brought against Poland under the India-Poland Bilateral Investment Treaty (BIT)
Brics dispute resolution mechanism: Challenges ahead, but promises much
Any intra-Brics framework will only be effective if awards rendered by such a body are enforceable without the added difficulty of getting entangled in domestic proceedings.
Canada to India: Tighten investment protection norms in new model treaty
New Delhi examining whether dispute settlement mechanism can be tweaked
India trade talks heating up, but ex-envoy cautions: ‘we’ve been to the altar before’
The Liberals’ relative flexibility on investor-state dispute systems and the Temporary Foreign Worker Program, and an expected visit to India by the PM, may help to move talks along.
India to operationalize BIPA with Canada
On Canada’s insistance, India is expected to sign a bilateral investment treaty (BIT) with Canada based on an old text, not its new model BIT. The old text contains contentious provisions such as the investor-state dispute settlement mechanism.
Deconstructing India’s model Bilateral Investment Treaty
India was one of the most sued countries in 2015. Will the country’s new model bilateral investment treaty attract and safeguard foreign investment more effectively?
India stumbles on bilateral treaty talks
Negotiations is slowing down and signing of BITs, with India’s major global partners, is taking more time than previously anticipated
International arbitration structure skewed in favour of developed nations
Developing countries, including India, should build capacity instead of playing the victim as the structure of international arbitration was heavily biased towards the developed countries, a top Finance Ministry official said.
India, US to try narrow differences in BIT
India and United States will try to narrow differences on a proposed Bilateral Investment Treaty (BIT) next week, although an early breakthrough seems unlikely.
Bilateral investment pacts haven’t worked
Reform of the international investment agreement regime has swept many countries, including Australia, South Africa, Indonesia, India and the EU, writes the Secretary-General of CUTS. What are the reasons for the growing scepticism? What lies ahead?
Bilateral investment treaty negotiations between India and US: Problems and prospects
Outline of the differences between two countries’ model BITs as they seek to negotiate an agreement.