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India FTAs & ISDS

Antrix-Devas, BIT arbitrations, and India’s quixotic approach
1-Jun-2021 The Wire
At the core of this dispute is a 2005 agreement between Antrix and Devas for the lease of satellite spectrum which was annulled in 2011.
The Cairn $1.4 billion award is patently illegal
31-May-2021 NDTV
The arbitral award has condoned the tax avoidance scheme adopted by Cairn Energy.
Denying India its tax revenue is neo-colonialism. Cairn Energy is the new East India Company!
28-May-2021 The Leaflet
The perverse interplay of BITs with double taxation avoidance agreements has been bleeding India from the much-needed tax revenues.
Devas’ investors push for amicable settlement of row
19-May-2021 Mint
Devas (Mauritius) Ltd, Telcom Devas Mauritius Ltd and Devas Employees Mauritius Pvt. Ltd are seeking to enforce an international arbitration award they had won in 2015.
EU and India agree to resume free-trade negotiations
10-May-2021 Nikkei Asia
The European Union and India agreed to resume stalled free-trade negotiations and seek closer cooperation to combat climate change at a virtual summit on Saturday.
Panthera Resources allows term sheet with Galaxy to lapse
5-May-2021 ShareCast
The firm said its efforts were focused on pursuing its legal rights in India, and working with Fasken in preparation for a potential international arbitration under the Australia-India Bilateral Investment Treaty.
India has been short-changed by Vodafone and Cairn arbitral awards
27-Apr-2021 The Leaflet
The international economic law regime has stripped India of over $3.8 billion in taxes due by Vodafone and Cairn Energy, as the country is battling the Covid19 crisis.
Regaining sovereignty
26-Apr-2021 Dawn
Pakistan, which entered into its first BIT with Germany in 1959 — which also was the first BIT ever entered — has concluded 53 BITs with 48 countries.
Arbitration case: Cairn Energy offers to invest $1.2 bn if India relents
12-Apr-2021 Business Standard
Cairn Energy has offered to invest the entire award money in India, which includes the principal amount of $1.2 billion and interest of $500 million if the government agrees to enforce the award.
UNCITRAL tribunal finds India in breach of India–UK BIT in proceedings brought by Cairn entities
9-Apr-2021 IISD
A PCA tribunal dismissed India’s jurisdictional objections and found it in breach of the FET standard in the India–UK BIT in an arbitration under UNCITRAL rules initiated by Cairn Energy.
Panthera Resources notes passing of new minerals bill in India, presses on with litigation in regard to Bhukia
24-Mar-2021 Proactive
The company has appointed a leading international law firm to advise the company of its legal options, and in particular, the Australian Bilateral Investment Treaty.
India files appeal against $1.4-bn Cairn arbitration award
23-Mar-2021 Live Mint
India is believed to have challenged in a court in The Hague an arbitration tribunal verdict that overturned its demand for ₹10,247 crore in back taxes from Cairn Energy Plc — the second time in three months that it has refused to accept an international award against retrospective tax.
India has till mid-April to appeal against Cairn award on limited ground
19-Mar-2021 Business Standard
India has time till mid-April to file an appeal against an international arbitration tribunal ordering it to repay UK’s Cairn Energy Plc USD 1.2 billion-plus interest and cost, but the challenge can only be on limited grounds such as procedure not being followed.
India firms up grounds for appeal in Cairn Award, to file appeal this week
9-Mar-2021 Times Now News
India will be filing an appeal at The Hague this week against the $1.4-billion arbitration award against British oil firm Cairn Energy.
Cairn wants India to pay $1.4 bn, shareholders to seek enforcement
8-Mar-2021 Business Standard
Cairn said its shareholders expect the use of the company’s ’strong powers of enforcement’ to recover 1.4 billion.
Panthera Resources engages law firm in its dispute with the government of Rajasthan
19-Feb-2021 Proactive
Panthera said it has been “consistently frustrated over an extended period” by the government of Rajasthan, which has rejected Panthera’s application for a prospecting licence for the gold project.
India to contest Cairn Energy arbitration award, lawsuits in international court
19-Feb-2021 Mint
The move signals the government’s resolve to defend its sovereign rights in taxation. The government has kept open possibility of settling the dispute within existing Indian laws.
Cairn Energy files case in US to push India to pay $1.2 billion award
17-Feb-2021 Mint
Cairn Energy has filed a case in a US district court to enforce a $1.2 billion arbitration award it won in a tax dispute against India, a court document showed, ratcheting up pressure on the government to pay its dues.
India may offer Cairn oilfield against $1.4 billion arbitration award
1-Feb-2021 Business Today
For a government struggling to find revenue to boost a COVID-19 battered economy, options of appeal against the arbitration award are limited and it may not have the financial bandwidth for such a payout.
Cairn threatens Indian asset seizures abroad in tax case
27-Jan-2021 The Hindu
UK-based Cairn Energy Plc has threatened that it may be forced to begin attaching Indian assets including bank accounts in different world capitals, unless the government resolves the issue.