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India FTAs & ISDS

Final arbitration hearings on India tax demand in August: Cairn Energy
24-Jan-2018 Money Control
Cairn commenced international arbitration proceedings against India under the UK—India Bilateral Investment Treaty in 2015.
Government opposes merger of Vodafone Group’s two arbitrations
19-Jan-2018 Economic Times
The government has opposed Vodafone Group’s proposal to merge its two arbitration cases against India, and sought an injunction from Delhi High Court to stop the telco from proceeding with the second arbitration filed in the UK, saying it was an "abusive action".
Vodafone to consolidate two international arbitrations if India agrees
9-Jan-2018 Economic Times
Vodafone Group has said it would agree to consolidate its two international arbitrations initiated against India in connection with a tax demand of ₹11,000 crore, if the country were to agree as well.
India to oppose international jurisdiction in Tamil Nadu-Nissan row
3-Jan-2018 Economic Times
Since the auto major has approached the Madras High Court, remedy under a treaty would now be barred, the Government said.
India’s top court allows Vodafone to initiate second arbitration over $2 bln tax demand
14-Dec-2017 Reuters
India’s top court allowed Britain’s Vodafone to initiate a second arbitration process under an India-UK investment pact .
T.N. seeks to stay Nissan arbitration
5-Dec-2017 The Hindu
The Tamil Nadu government moved the Madras High Court for an interim stay on carmaker Nissan Motor from proceeding with international arbitration over the alleged non-payment of incentives being claimed by it from the State.
Nissan sues India over outstanding dues; seeks over $770 million
1-Dec-2017 Reuters
Japanese automaker Nissan Motor has begun international arbitration against India to seek more than $770 million in a dispute over unpaid state incentives.
Trial in Rs 22,100 crore Vodafone tax dispute in February
15-Nov-2017 Bloomberg
An international arbitration tribunal in February will begin trial on Vodafone’s challenge to India using a retrospective legislation to seek Rs 22,100 crore in taxes.
Cabinet approves Joint Interpretative Declaration between India and Colombia
13-Nov-2017 Government of India
The Union Cabinet has given its approval for signing the Joint Interpretative Declaration between India and Colombia regarding the existing Agreement for the Promotion and Protection of Investments.
A court to fix all investor-state rows?
30-Oct-2017 The Hindu
Hit by disputes with Vodafone and Cairn Energy, India welcomes plan for a World Court but flags legal, practical challenges.
Delhi High Court allows Vodafone to take part in second arbitration in tax case
27-Oct-2017 New Indian Express
The Delhi High Court today allowed Vodafone Group representatives to participate in the process of appointing a presiding arbitrator in its international arbitration process against India in connection with a tax demand of Rs 11,000 crore.
Karuturi contemplates legal recourse for loss in Ethiopia
11-Oct-2017 The Reporter
Karuturi could sue the government of Ethiopia at international tribunals on the basis of violations of the Bilateral Investment Protection Agreement India and Ethiopia have signed on.
Cairn Energy reveals when final arbitration hearing over India tax dispute will be heard
21-Sep-2017 Insider
The Edinburgh-based oil and gas explorer says both it and the Government of India have agreed a timetable for finalising document production, submissions and hearings.
Vodafone versus India: A BIT of confusion
12-Sep-2017 The Wire
By restraining a foreign investor from pursuing a claim under a bilateral investment treaty (BIT), the Delhi high court is coming in way of India’s accountability being tested under international law.
Cairn Energy adds $249 mn to compensation claim in retrospective tax dispute
12-Sep-2017 Energy Infra Post
UK-based Cairn Energy Plc has increased its compensation claim by $249 million in the retrospective dispute case after the income tax department adjusted tax refund due to the oil explorer towards settlement of its tax liabilities.
Would Vodafone comply with Delhi high court order?
4-Sep-2017 Live Mint
The Delhi high court has passed an ex-parte order restraining Vodafone Group Plc. from proceeding with arbitration under the India-UK Bilateral Investment Protection Agreement (India-UK BIPA). However, it remains to be seen whether Vodafone would comply with this order of the court.
A BIT of critique
24-Aug-2017 The Hindu
A committee in India, led by Justice B.N. Srikrishna, has lost an opportunity to push for the recalibration of the country’s BIT regime
India may deviate from model BIT to meet Canada’s demands
4-Aug-2017 The Hindu
As talks with Canada began before model text was approved by Cabinet, deviations may be allowed.
Tell us who gains from RCEP: People’s Forum demands as RCEP talks end
28-Jul-2017 People’s Forum against FTAs and RCEP
“Tell us at least now who gains from RCEP,” People’s Forum challenges the Indian government as the 19th round of RCEP negotiations comes to an end
Cabinet approves interpretative notes between India, Bangladesh
12-Jul-2017 Business Standard
The JIN includes the definition of investor and investment, exclusion of taxation measures, Fair and Equitable Treatment (FET), National Treatment (NT) and Most Favoured Nation (MFN) treatment, expropriation, essential security interests and settlement of disputes between an investor and a contracting party,