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India FTAs & ISDS

Bilateral Investment Treaty model to minimise Cairn Energy type dispute: Nirmala Sitharaman
8-Aug-2016 PTI
The government on Monday said it has framed the model Bilateral Investment Treaty to minimise Cairn Energy type of dispute which has resulted in demand for compensation of $5.6 billion from India.
Antrix-Devas deal: The BIT bites India!
3-Aug-2016 The Citizen
India is again in the limelight of investor-state dispute settlement (ISDS). An international tribunal has penalised the country earlier this week with a monetary compensation estimated at one billion dollars.
The dark matter in Antrix-Devas deal
28-Jul-2016 The Hindu
The arbitration setback for India does not come as a surprise, given the shenanigans. But reputational concerns arise.
India has lost international arbitration case, says Devas
27-Jul-2016 The TImes of India
India has lost its arbitration case in an international tribunal against the Bengaluru-based Devas Multimedia Private Ltd. for cancelling the space/satellite contract with the government-owned Antrix Corporation.
India fast-tracks BIT talks; Cambodia first, US deal may take time
22-Jul-2016 Financial Express
US ambassador to India Richard Verma recently said ‘things have become a bit more difficult’ after India revised the BIT text
Remodeling India’s investment treaty regime (II)
20-Jul-2016 Madhyam
As part of ongoing initiatives towards restructuring its bilateral investment treaty regime, Indii aims to minimize the possibility of arbitral tribunals interpreting the treaty provisions vastly different from what the contracting parties originally had in mind.
Remodeling India’s investment treaty regime
18-Jul-2016 The Wire
India is seeking to terminate BITs signed with 57 countries and sign joint interpretative statements with the other 25 treaty states – all an outcome of the country’s new model BIT.
Cairn Energy wants $ 5.6 billion compensation from India for ’unlawful’ tax demand
13-Jul-2016 The Economic Times
Cairn Plc has claimed compensation of $5.6 billion from India in legal proceedings against the retrospective tax demand.
India wants new foreign investment pacts to limit lawsuits
11-Jul-2016 The Indian Express
The notifications, issued earlier this year, effectively let governments know they have 12 months to broker new treaties before the old ones expire.
India’s narrow BIT norms holding up trade pact
28-Jun-2016 Domain-b
The new model text on the basis of which India is negotiating its Bilateral Investment Treaties (BIT) is making it difficult for America to hold bilateral talks on the proposed India-US BIT
India seeks fresh treaties with 47 nations
30-May-2016 The Economic Times
India has written to 47 countries to nullify the existing bilateral investment agreements and ink fresh treaties that will make it mandatory for foreign investors to exhaust local judicial remedies before seeking arbitration.
Why the new BIT may not work
26-May-2016 The Hindu
The new bilateral investment treaty’s gratuitous focus on local courts and taxation may not please our partners.
RCEP threatens tax policies in India and other 15 countries
1-Mar-2016 Public Services International
New report shows that trade and investment deals like RCEP will further adversely affect the ability of the government of India to tax corporations effectively and fairly.
Canada re-opens investment talks with India
17-Feb-2016 Embassy
Canada’s government has officially re-opened negotiations with India over a bilateral investment treaty the two sides nearly agreed upon almost a decade ago.
The whole BIT
11-Feb-2016 Business Today
The revised model text for bilateral investment treaties has addressed many concerns, but to avoid litigations, India must renegotiate existing treaties on the basis of the new norms.
India’s new BIT and arbitration law send mixed signals to foreign investors
21-Jan-2016 Lexology
India’s new model BIT text follows the trend of divergent approaches to investment treaty-making by focusing on a more defensive-minded strategy than in its prior treaties.
Canada-India free trade agreement talks delayed
14-Jan-2016 The Hindu
Canada asks officials to focus on TPP ratification instead; wants India to first ink bilateral investment pact.
Karuturi challenges Ethiopia decision to cancel farm project
11-Jan-2016 Bloomberg
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
6-Jan-2016 Financial Express
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
6-Jan-2016 IA Reporter
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.