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India FTAs & ISDS

Govt approves revised BIT model, excludes tax matters
17-Dec-2015 The Economic Times
The Cabinet approved the revised model text for the Bilateral Investment Treaty.
TPP & ISDS: new tests for India
27-Nov-2015 Gateway House
For India, the U.S.-driven Trans Pacific Partnership will skew investment and intellectual property rights, and especially the debate over the Investor State Dispute System which allows companies to challenge soverign rights and public policy.
India adopts arbitration law reforms
27-Nov-2015 Lexology
In a significant development for Indian arbitration law, the President of India has formally adopted the Arbitration and Conciliation Ordinance 2015, which will bring about major and long-awaited reforms to arbitration in India.
Next generation treaty
18-Nov-2015 The Indian Express
India’s new model BIT makes it clear that its goal is to accomplish more than investor protection.
UAE firms sue India, desi co for Rs 5 lakh cr over Mumbai plots
7-Nov-2015 Times of India
Two UAE firms are claiming Rs 5 lakh crore ($85billion) as compensation, perhaps the highest arbitration demand in India’s history.
India-EU FTA: time for a fundamental rethink?
7-Oct-2015 Madhyam
India and EU would soon resume negotiations on the stalled India-EU free trade agreement.
Investment accords - conceptual & procedural contentions
23-Sep-2015 SUNS
Particular issues and procedures in investment treaties have proved especially contentious at both conceptual and practical levels.
International trade, investment accords, increasing controversies
23-Sep-2015 SUNS
Two recent proposals on settling investment disputes have begun to attract attention and consideration in national and international circles.
Cairn Energy set to go to ICJ against India
15-Sep-2015 Financial Express
Cairn Energy is set to approach the International Court of Justice (ICJ), asking it to appoint an arbitrator on behalf of the Indian government in its $1.6 bn...
Arbitration Act to be taken up in next Parliament session: Gowda
1-Sep-2015 News Nation
The amendment to Arbitration Act will be taken up in the forthcoming Parliament session. The amended act would be on par with the United Nations Commission on International Trade Law (UNCITRAL) system.
Chafing at the BIT
29-Aug-2015 Financial Express
The government is looking to replace the Bilateral Investment Promotion and Protection Agreements (BIPPA) with a Bilateral Investment Treaty (BIT),
Government mulling strong model BIT to revise investment pacts
19-Aug-2015 The Economic Times
Indian government had decided to come out with a new framework after several multinational firms invoked bilateral investment protection agreements.
Statement by Bechtel on Dabhol settlement
19-Jul-2015 Bechtel
In exchange for $160 million in compensation for its equity and contractor claims, Bechtel agreed to forgo international arbitration over the expropriation of its investment.
India rejects Cairn’s arbitration on tax dispute
29-Jun-2015 PTI
The government of India has rejected Cairn Energy UK’s plea for an arbitration over Rs 10,247-crore tax dispute saying taxation is not covered under the UK-India Investment Promotion and Protection Treaty.
How developing countries like India are petrified of being dragged into international arbitration
9-Jun-2015 Economic Times
India is caught in a pincer at this moment in time as it is faced with the twin need of FDIs to propel and sustain growth and also the need to fi rewall its sovereign rights to formulate policies without extraneous pressures from its trade partners and the corporate world.
Draft bilateral investment pact keeps tax disputes, contracts out of arbitration
3-Apr-2015 Indian Express
The finance ministry has drafted a fresh bilateral investment protection treaty that would keep taxation measures and issuance of compulsory licences for intellectual property rights out of the sphere of arbitration while preventing foreign investors to drag India to arbitration for any dispute that has already been settled by the courts.
India: Govt, legal experts differ on Cairn compensation demand
30-Mar-2015 Business Standard
Cairn Energy Plc’s demand for compensation from India for the Rs 10,200 crore tax notice slapped on Cairn India earlier this month under the ambit of the India-UK Bilateral Investment Promotion and Protection Agreement (BIPA) has divided those in the government and those outside it.
CBDT on Cairn: Tax matters not covered under UK-India BIT
30-Mar-2015 CNBC
According to sources ay India’s Central Board of Direct Taxes, tax matters are not covered under UK-India bilateral Investment treaty (BIT).
ANALYSIS: India invites comments on draft model investment treaty; text offers radical departure, and calls to mind Norway’s past efforts at revision
30-Mar-2015 Investment Arbitration Reporter
One of the most striking features of the draft model is its jettisoning of the fair and equitable treatment standard in favor of a standard — egregious or outrageous behaviour — that hearkens back to legal touchstones of an earlier era.
Cairn Energy seeks compensation from India on tax demand; Cairn India stock gains
25-Mar-2015 Economic Times
Cairn Plc is seeking compensation from the government of India for the steep fall in the value of its shares in Vedanta-controlled Cairn India, which it is not allowed to sell until it settles a controversial retrospective tax demand of $1.60 billion, under the UK-India Bilateral Investment Treaty.