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India FTAs & ISDS

India trade talks heating up, but ex-envoy cautions: ‘we’ve been to the altar before’
12-Oct-2016 The Hill Times
The Liberals’ relative flexibility on investor-state dispute systems and the Temporary Foreign Worker Program, and an expected visit to India by the PM, may help to move talks along.
India to operationalize BIPA with Canada
28-Sep-2016 Live Mint
On Canada’s insistance, India is expected to sign a bilateral investment treaty (BIT) with Canada based on an old text, not its new model BIT. The old text contains contentious provisions such as the investor-state dispute settlement mechanism.
Deconstructing India’s model Bilateral Investment Treaty
19-Sep-2016 The Wire
India was one of the most sued countries in 2015. Will the country’s new model bilateral investment treaty attract and safeguard foreign investment more effectively?
India stumbles on bilateral treaty talks
14-Sep-2016 Business Standard
Negotiations is slowing down and signing of BITs, with India’s major global partners, is taking more time than previously anticipated
International arbitration structure skewed in favour of developed nations
29-Aug-2016 Silicon India
Developing countries, including India, should build capacity instead of playing the victim as the structure of international arbitration was heavily biased towards the developed countries, a top Finance Ministry official said.
India, US to try narrow differences in BIT
26-Aug-2016 Deccan Herald
India and United States will try to narrow differences on a proposed Bilateral Investment Treaty (BIT) next week, although an early breakthrough seems unlikely.
Bilateral investment pacts haven’t worked
25-Aug-2016 The Hindu Businessline
Reform of the international investment agreement regime has swept many countries, including Australia, South Africa, Indonesia, India and the EU, writes the Secretary-General of CUTS. What are the reasons for the growing scepticism? What lies ahead?
Bilateral investment treaty negotiations between India and US: Problems and prospects
21-Aug-2016 IRA
Outline of the differences between two countries’ model BITs as they seek to negotiate an agreement.
RCEP - draft investment text: India (based on negotiating draft of Oct 2015)
16-Aug-2016
A BIT too late
16-Aug-2016 Financial Express
It is likely that the Antrix case — which could see the Government of India paying $1 billion if it loses — would have had a different outcome had the new model BIT been at issue.
India writes to Singapore, Japan and South Korea to recast investment deals
11-Aug-2016 Economic Times
India has turned its attention to comprehensive economic partnership agreements with Singapore, Japan and South Korea after having fixed the loopholes in the much-abused investment treaties with Mauritius and Cyprus.
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.