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India FTAs & ISDS


Karuturi challenges Ethiopia decision to cancel farm project
Karuturi Global Ltd., one of the largest investors in Ethiopia’s farm industry, is challenging the termination of its project, claiming the government broke the terms of its agreement with the company.
RCEP: India to propose mechanism to resolve non-tariff measures
India is set to propose a non-legal and non-adversarial mechanism to resolve trade-impeding non-tariff measures among the 16 Regional Comprehensive Economic Partnership (RCEP) countries.
ANALYSIS: In final version of its new model investment treaty, India dials back ambition of earlier proposals – but still favors some big changes
Following the release in April of 2015 of a draft model investment treaty, the government of India unveiled a final version of its proposed negotiating text.
Govt approves revised BIT model, excludes tax matters
The Cabinet approved the revised model text for the Bilateral Investment Treaty.
TPP & ISDS: new tests for India
For India, the U.S.-driven Trans Pacific Partnership will skew investment and intellectual property rights, and especially the debate over the Investor State Dispute System which allows companies to challenge soverign rights and public policy.
India adopts arbitration law reforms
In a significant development for Indian arbitration law, the President of India has formally adopted the Arbitration and Conciliation Ordinance 2015, which will bring about major and long-awaited reforms to arbitration in India.
Next generation treaty
India’s new model BIT makes it clear that its goal is to accomplish more than investor protection.
UAE firms sue India, desi co for Rs 5 lakh cr over Mumbai plots
Two UAE firms are claiming Rs 5 lakh crore ($85billion) as compensation, perhaps the highest arbitration demand in India’s history.
India-EU FTA: time for a fundamental rethink?
India and EU would soon resume negotiations on the stalled India-EU free trade agreement.
Investment accords - conceptual & procedural contentions
Particular issues and procedures in investment treaties have proved especially contentious at both conceptual and practical levels.
International trade, investment accords, increasing controversies
Two recent proposals on settling investment disputes have begun to attract attention and consideration in national and international circles.
Cairn Energy set to go to ICJ against India
Cairn Energy is set to approach the International Court of Justice (ICJ), asking it to appoint an arbitrator on behalf of the Indian government in its $1.6 bn...
Arbitration Act to be taken up in next Parliament session: Gowda
The amendment to Arbitration Act will be taken up in the forthcoming Parliament session. The amended act would be on par with the United Nations Commission on International Trade Law (UNCITRAL) system.
Chafing at the BIT
The government is looking to replace the Bilateral Investment Promotion and Protection Agreements (BIPPA) with a Bilateral Investment Treaty (BIT),
Government mulling strong model BIT to revise investment pacts
Indian government had decided to come out with a new framework after several multinational firms invoked bilateral investment protection agreements.
Statement by Bechtel on Dabhol settlement
In exchange for $160 million in compensation for its equity and contractor claims, Bechtel agreed to forgo international arbitration over the expropriation of its investment.
India rejects Cairn’s arbitration on tax dispute
The government of India has rejected Cairn Energy UK’s plea for an arbitration over Rs 10,247-crore tax dispute saying taxation is not covered under the UK-India Investment Promotion and Protection Treaty.
How developing countries like India are petrified of being dragged into international arbitration
India is caught in a pincer at this moment in time as it is faced with the twin need of FDIs to propel and sustain growth and also the need to fi rewall its sovereign rights to formulate policies without extraneous pressures from its trade partners and the corporate world.
Draft bilateral investment pact keeps tax disputes, contracts out of arbitration
The finance ministry has drafted a fresh bilateral investment protection treaty that would keep taxation measures and issuance of compulsory licences for intellectual property rights out of the sphere of arbitration while preventing foreign investors to drag India to arbitration for any dispute that has already been settled by the courts.
India: Govt, legal experts differ on Cairn compensation demand
Cairn Energy Plc’s demand for compensation from India for the Rs 10,200 crore tax notice slapped on Cairn India earlier this month under the ambit of the India-UK Bilateral Investment Promotion and Protection Agreement (BIPA) has divided those in the government and those outside it.