bilaterals.org logo
bilaterals.org logo

India FTAs & ISDS


Arbitration Act to be taken up in next Parliament session: Gowda
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
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
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
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
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
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
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
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
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
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
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.
India and bilateral investment treaties – are they worth it?
Instead of relying only on a treaty-based approach, India should initiate domestic policy reforms to attract and protect foreign investments, argues Kavaljit Singh
Fixing BIPPA
The definition of investment that the govt of India had agreed to while entering into BIPPAs is particularly problematic, writes Biswajit Dhar
New bilateral investment treaties will help India avoid arbitration
Bilateral investment treaties that the government of India will enter into from now on will have a provision preventing foreign investors to drag India to arbitration on any issues that have been settled by a judicial authority.
Nokia invokes India-Finland bilateral treaty to solve tax row
With tax authorities pressing with over Rs 21,000 crore in unpaid dues, Finnish telecom major Nokia has invoked the Bilateral Investment Promotion and Protection Agreement (BIPA) India has with Finland to resolve the dispute.
India: Nokia mulls invoking bilateral investment treaty
Entangled in a protracted tax mess in the country, Nokia has said that it would like to address the issue under the bilateral investment treaty between Finland and India, sources told The Indian Express.
Vodafone initiates investment arbitration against India
Vodafone Group Plc has abandoned the conciliation process and started international investment arbitration against the Indian government over its long-running tax dispute.
A BIT of a secret
India’s bilateral investment treaty arbitration must be made more transparent.
Investment deal? Just watch it
In the last couple of years, South Africa has become the unlikely champion of the anti-BIT movement.
India-UAE BIPPA: Government builds safeguards to protect itself
India has introduced provisions in the just-concluded bilateral investment protection and promotion agreement (BIPPA) with the United Arab Emirates to ensure that only executive decisions can be challenged and that too within a stipulated period.