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India FTAs & ISDS

IT dept lifts freeze on Cairn dividend payout
8-Mar-2017 The Hindu
The tax demand was challenged by Cairn Energy through an international arbitration where it also made a case against the dividend freeze
On the issues raised by the Canadian side on MFN-forward
6-Mar-2017 DNA
Sitharaman clarified that the negotiation should not get lost in peripheral issues and should focus on bringing in promotion and protection elements.
India refuses to accede to European Union requests; post-March, investors to have no legal cover
2-Mar-2017 Financial Express
Fresh investments by European companies in India and vice versa after April 1 won’t enjoy legal protection under any bilateral arrangement, as India has decided not to accede to requests by the European Union.
Protecting the rights of tribals
28-Feb-2017 The Hindu
Even as bilateral investment treaties are strengthened, domestic legislation must be implemented.
As Trump quashes TPP, Canada pushes pact with India
28-Feb-2017 The Hindu
But Ottawa’s stance on model investment treaty has New Delhi worried
India should not let Europe undermine its new BIT and TRIPs flexibilities for medicines
27-Feb-2017 Sunday Guardian Live
There is no principled basis for EU’s demand of extending patent protection beyond the period of 20 years.
India should hold firm against the European efforts to undermine its new model Bilateral Investment Treaty
22-Feb-2017 International Economic Law and Policy Blog
In the transition to its new approach to investor protection, India has sought to terminate its existing BITs with individual EU Members. Now the European Commission is pressuring India to extend those existing treaties.
India, Canada talk on investment pact, no consensus on dispute mechanism yet
13-Feb-2017 Financial Express
A successful conclusion of FIPA will provide a much-needed cover for Canadian investments in India and vice versa, and is expected to be an important catalyst in translating the announcements into reality.
India rejects attempts by EU, Canada for global investment agreement
24-Jan-2017 The Hindu
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
16-Jan-2017 Mining Weekly
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?
29-Dec-2016 Kluwer Arbitration Blog
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
7-Dec-2016 Lexology
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
29-Nov-2016 Business Standard
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
24-Nov-2016 Hindustan Times
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
21-Nov-2016 Live Mint
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
14-Nov-2016 The Hindu
India had sought removal of Sir Franklin Berman as the presiding arbitrator of three-member panel.
UK raises Vodafone tax dispute; wants early resolution
8-Nov-2016 The Indian Express
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
3-Nov-2016 White & Case
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
25-Oct-2016 Financial Express
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
24-Oct-2016 The Hindu
New Delhi examining whether dispute settlement mechanism can be tweaked