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India FTAs & ISDS

Could Adani sue if the mine is cancelled?
7-May-2019 UNSW
A former investment treaty between India and Australia allows for a legal claim if the mine doesn’t go ahead, but this shouldn’t deter a federal government, says a UNSW Law researcher.
Indonesia wins $469 mn arbitration case against Indian metal firm IMFA
1-Apr-2019 Business Standard
Indonesia has won a $469 million arbitration case against India’s Metal Ferro and Alloys Ltd (IMFA) after nearly four years of court battles
Investment protection proposals under RCEP threaten India’s pharma industry
15-Mar-2019 The Wire
Free trade agreements like the RCEP will infringe on India’s intellectual property laws. India must stand its ground in the interest of public health.
Cairn Energy’s retro tax arbitration award delayed
11-Mar-2019 Times of India
Cairn Energy said it expects the long-running arbitration process against the Indian authorities over retrospective taxation to be concluded before late 2019.
Out-of-court settlement with Nissan likely, State govt. tells HC
21-Feb-2019 The Hindu
The State government told the Madras High Court that an out-of-court settlement was likely in its long-running dispute with Japanese automaker Nissan.
Belarus - India BIT (2018)
3-Jan-2019 Ministry of External Affairs, Goverrnment of India
As released by the Goverrnment of India
Swiss court ruling leaves ghost of Antrix-Devas to haunt India
17-Dec-2018 The Wire
India may have to pay hundreds of millions of dollars in damages to Deutsche Telekom over the manner in which it cancelled a satellite communications contract in 2011.
Govt mulls delinking investment from FTAs, seeks legal opinion
15-Nov-2018 BusinessLine
Certain ISDS (Investor-state dispute settlement) cases against India led it to review its stand on investment treaties.
Korean utility refers India to arbitration
24-Oct-2018 Natural Gas World
South Korean utility Korea Western Power Company (Kowepo) has begun arbitration proceedings against India for not honoring a fuel supply commitment to a gas-based power plant that it part-owns in western India
Tribunal awards India first BIT case win, dismissing claims of French investor
19-Sep-2018 Herbert Smith Freehills
An UNCITRAL arbitral tribunal has reportedly dismissed a US$36 million claim by a French investor, Louis Dreyfus Armateurs SAS (“LDA“), against India under the 1997 France-India bilateral investment treaty.
RCEP countries open to easing investment rules, agree to ease ISDS clauses
10-Sep-2018 Business Standard
In a bid to fast-track the deal, most nations have agreed to ease the investor-state-dispute settlement (ISDS) clauses.
RCEP talks: India manages major breakthrough
5-Sep-2018 Financial Express
New Delhi won’t not take additional commitment on intellectual property rights beyond the TRIPS agreement it has already accepted at the WTO; investor-state dispute settlement (ISDS) mechanism only for limited sectors.
India’s model bilateral investment treaty: Are we too risk averse?
1-Aug-2018 Brookings Institution
India’s Model BIT is "pro-state with limited rights to foreign investors" according to the US thinktank Brookings
India may not accept arbitration orders annulling Cairn, Vodafone tax demands
23-May-2018 Business Standard
India may not accept international arbitration orders annulling tax demands on British firms Vodafone Plc and Cairn Energy.
Arbitration panel to hear Vodafone challenge to Rs 22,100 crore tax in February 2019
21-May-2018 Indian Express
The tribunal, headed by Sir Franklin Berman, will hear the government’s objection to tax matters being covered under the Netherlands-India Bilateral Investment Treaty.
Delhi High Court rejects Centre’s plea against Vodafone’s UK arbitration
9-May-2018 The Wire
In the order, Justice Manmohan, however, noted that the Centre could approach the UK arbitration tribunal under the BIPA for its grievances.
Nissan dispute: State insists court to stall int’l arbitration
22-Mar-2018 Times of India
A week after Japanese automaker Nissan hinted at the scope of an amicable solution, the Tamil Nadu government insisted that the Madras high court hear its plea to stall the international arbitration initiated by company.
In talks with Tamil Nadu government to settle issues: Japanese automaker Nissan
19-Mar-2018 Indian Express
The Madras High Court was told that the Tamil Nadu government was holding “talks” with Japanese automaker Nissan, predictably for an amicable settlement.
Final hearing in Cairn Energy tax issue in August
14-Mar-2018 Live Mint
Under international arbitration proceedings the final hearing of Cairn’s claim under the UK-India Bilateral Investment Treaty is scheduled for August 2018 in The Hague.
Trudeau pushes controversial investor-state dispute settlement provision on trip to India
21-Feb-2018 Council of Canadians
Negotiations on a Canada-India FIPPA were launched in September 2004 and concluded in 2007, but the deal was never signed.