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India FTAs & ISDS


India to oppose Vodafone’s move to invoke BIPA pact
The Indian government is likely to oppose any move by Vodafone Plc to invoke the India-Netherlands Bilateral Investment Promotion and Protection Agreement (BIPA) if it is forced to cough up Rs 12,000 crore in taxes on the grounds that the investment was routed through several step down firms based in different countries and that the treaty does not cover tax disputes.
Voda seeks Netherlands treaty to snub govt, will others follow?
Fearing the Indian government will use new tax laws to trap it back around Rs 12,000 crore in taxes, the world’s largest mobile operator, Vodafone, may invoke a bilateral investment treaty between India and the Netherlands to avoid doing so.
2G: Telenor plans to invoke India-Singapore treaty
Norway’s Telenor will seek ’compensation for all investment, guarantees and damages’ if the Indian government fails to sort out issues related to its licence cancellation within the next six months, the company said.
India loses arbitration case against Oz firm
In a stinging indictment of the slow speed with which the higher judiciary decides cases and lackadaisical manner in which the government deals with disputes involving foreign companies doing business in India, a three-member international arbitration panel has decided a case against the Government of India and a PSU.
India may exclude clause on lawsuits from trade pacts
The department of industrial policy and promotion has in principle decided not to include in bilateral trade pacts a clause that permits a foreign investor to sue the host country at an international dispute settlement agency.
Investment terror
Since the 1990s developing nations have been on a treaty spree, signing a vast number of bilateral and regional investment treaties to attract funds for development. But as the figure of investment treaties has shot up so have the claims for damages from investor companies, which are seeking billions of dollars in compensation on account of regulatory laws.
A total lack of transparency
Why responsible companies and governments should avoid the revised ICC Rules in arbitrations involving states.
Protecting investors’ rights: An assessment of EU’s new mandate on international investments
This article tries to provide a first brief assessment of the leaked EU negotiation mandate for an investment protecting agreement in the EU free trade agreements with Canada, India and Singapore.
European Member States refuse necessary reform, ignore the will of the European Parliament and insist that future EU investment agreements copy their bad practices
On Monday 12 September the General Affairs Council approved negotiating mandates for investment protection chapters in free trade agreements with Canada, India and Singapore.
India rejects clause on litigation
Despite a demand by the European Union (EU), India is unlikely to allow a clause in a proposed trade pact with the bloc that permits an overseas investor to sue a host country at an international dispute settlement agency.
Govt speaking in two voices on generic medicines
The Indian government’s doublespeak on generic medicines has the stakeholders in a tizzy.
The UK tight-lipped over dispute with an Indian investor
The United Kingdom has formally declined to release a notice of arbitration delivered by an Indian citizen under the UK-India bilateral investment treaty, explaining that it would likely “prejudice relations between the United Kingdom and an international organisation; UNCITRAL.”
Govt, Bechtel ink Dabhol deal
The Indian government and Bechtel have reached an agreement on ‘‘all issues’’ related to the Dabhol project. The settlement agreement between the two was signed on Tuesday thereby completing the entire settlement process with both stakeholders - GE and Bechtel - in the Dabhol power venture.
Dabhol deal on track, Bechtel says it’s willing to settle
The Dabhol settlement process is almost complete with US-based Bechtel Corp finally informing the Indian side that it’s willing to settle and not proceed with international arbitration.
Bechtel and GE File Arbitration over Dabhol Power Company
Bechtel Enterprises Holdings, Inc. and GE Structured Finance (GESF) have filed an arbitration action against the Government of India to recover their investments in the Dabhol Power Company (DPC).
Government in a tizzy as Dabhol defence cracks
The newly-appointed solicitor firm in London, Evershed, has backed out of the Dabhol arbitration case at the last minute, leaving the Union government in a quandary.
G.E., Bechtel file $1.2 b claim against Govt
BECHTEL Enterprises Holdings Inc and GE Structured Finance on Monday said that they have filed an international arbitration claim against the Government to recover their investments in Dabhol Power Company (DPC).
Govt Seeks 60 More Days To File Dabhol Defence
The government of India (GoI) has sought a 60-day extension from the Arbitral Tribunal in London for filing a defence statement after GE blocked the appointment of Evershed as India’s new solicitor firm in the UK.
Bechtel and GE mount investment treaty claim against India
Two minority investors in India’s largest foreign investment, the ill-starred Dabhol Power Plant, have launched a bilateral investment treaty (BIT) claim against India in an effort to recoup their losses related to the plant.