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India FTAs & ISDS

India UK bilateral investment treaty likely to be finalised soon, to differ from 2016 model
28-Aug-2023 The Indian Express
As India and the UK inch closer towards finalising a free trade agreement, the contours of the much-debated and contentious bilateral investment treaty are likely to be finalised around the same time as the FTA.
India’s experience with investment treaty disputes and related damages
17-Aug-2023 Madhyam
The experience with investor-state dispute settlement mechanisms has been mixed, with India facing several adverse awards and financial compensation in certain high-profile cases.
Indiana Resources Limited - Publication of ICSID Award
10-Aug-2023 Market Screener
ICSID Tribunal unanimously ordered Tanzania to pay more than US$109.5million plus costs for the unlawful expropriation of the Ntaka Hill Nickel Project (India).
India, EU disagree over dispute settlement in proposed investment protection pact
13-Jul-2023 The Hindu BusinessLine
New Delhi insists on ’exhaustion of local remedies’ clause but Brussels wants investor court system.
Deconstructing India’s evolving approach toward international investment agreements
3-Jul-2023 IISD
If India’s approach and engagement with international investment agreements can be distinguished into phases, with the new agreements being negotiated and concluded, India is poised to enter a new phase.
British minister: UK-India trade deal should have strong investment protections
28-Jun-2023 Reuters
Britain’s investment minister said he would like to see strong investment protections in any future trade deal with India, and that the two countries could work more closely together on financial services even without a trade pact.
India asks 68 countries to renegotiate bilateral investment pacts, Rajya Sabha told
20-Mar-2023 Times of India
India has issued termination notices to 68 countries for Bilateral Investment Treaties with a request to renegotiate on the basis of the model agreement formulated in 2015.
Panthera Resources agrees arbitration funding structure for claim against Indian government
28-Feb-2023 Proactive
The plan is to use the funding to support the damages claim against the Republic of India for breaches of its obligations under the Australia-India Bilateral Investment Treaty.
Devas-Antrix dispute: Netherlands top court refuses to overturn $111.3 million award against India
7-Feb-2023 The Hindu BusinessLine
The Supreme Court of Netherlands refused to overturn $111.3 million arbitral award levied by the District Court of Hague, finding the Indian government liable for improperly terminating the Devas-Antrix deal in 2011.
Devas Multimedia seizes US assets of Antrix Crop
22-Aug-2022 The New Indian Express
Devas Multimedia had won an arbitration award of $1.2 billion after the Indian government terminated its satellite deal with Antrix Corporation, the commercial arm of the ISRO in 2011.
Bauxite mining dispute | IDRC dismisses UAE body’s claim for damages from Andhra govt
20-May-2022 The Hindu
Ras Al-Khaimah Investment Authority’s claim that non-supply of bauxite from Visakhapatnam was in breach of the Bilateral Investment Treaty between India and the UAE was dismissed by the International Dispute Resolution Centre.
US court stays confirmation of $111-m award for Devas shareholder
31-Mar-2022 The Hindu BusinessLine
The US District Court of Colombia has decided to grant a temporary stay over the confirmation of $111-million award won by Devas’ Mauritius shareholders against India.
India pays back Cairn Rs 7,900 crore to settle over 7-year-old retro tax dispute
25-Feb-2022 The Times of India
The company, which is now known as Capricorn Energy PLC, in a statement said it has received "net proceeds of $1.06 billion", of which nearly 70 per cent will be returned to the shareholders.
Devas shareholders move another arbitration
4-Feb-2022 The Hindu
The shareholders are seeking compensation commensurate with an arbitration award of $1.3 billion and have demanded that since Devas has been wound up, India must pay the award directly to the claimants.
Cairn says completed all steps of retro tax repeal law, eligible for ₹7,900 cr tax refund
26-Jan-2022 Mint
As part of the settlement reached with the Indian government over the levy of back taxes, the company has withdrawn all cases that were brought to collect the tax refund ordered by an international arbitration tribunal.
Govt to use SC order to counter Devas’ arbitration cases abroad
19-Jan-2022 Mint
Finance minister said the Modi administration would contest multiple arbitration awards won by shareholders of Devas Multimedia Pvt. Ltd over a cancelled contract on the strength of the Supreme Court’s validation of the fraud charges against the company.
Why India’s bilateral investment treaty model needs a rethink
18-Jan-2022 The Wire
A recent report by the Standing Committee on External Affairs shows how there are two missing pieces to the puzzle.
French court orders freezing of Indian property on Devas’ plea
13-Jan-2022 Devdiscourse
Two separate arbitrations were also initiated under the bilateral investment treaty BIT by Mauritius investors in Devas Multimedia under the India-Mauritius BIT and by Deutsche Telekom under the India Germany BIT.
Devas can seize only 50% of Air India’s assets, says Canada court
10-Jan-2022 The Hindu
It quashes order permitting seizure of funds belonging to Airports Authority of India.
Cairn withdraws all lawsuits against India
7-Jan-2022 DT Next
Britain’s Cairn Energy has dropped all lawsuits against the Indian government and its entities in courts from the US to France and to Singapore, to now be entitled for about Rs 7,900 crore refund of taxes.