bilaterals.org logo
bilaterals.org logo

India FTAs & ISDS

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.
Cairn Energy’s major investors ask India to honour arbitration
25-Jan-2021 Live Mint
Investors have written to the Indian government as well as the governments of the US and UK seeking adherence to the award of a tribunal at the Permanent Court of Arbitration in The Hague
Antrix case: Devas moves US court to enforce The Hague arbitration award
18-Jan-2021 BusinessLine
The petition, filed by three investment firms related to Devas, argues that the award can be enforced in the US because India is a signatory to the New York Convention.
Vodafone arbitration award: Centre to challenge telco’s Rs 22,100 crore tax case win
27-Oct-2020 Business Today
Solicitor General Tushar Mehta has advised the government that the decision of an arbitration tribunal cannot contradict the law passed by a sovereign parliament.
Why India should challenge the Vodafone-India BIT award
26-Oct-2020 Bar and Bench
The scope of consent to arbitration is an important issue that needs to be finally settled - not least because it could have multi-billion dollar implications for India in respect of other cases involving challenges to India’s taxation measures by foreign investors.
India to contest Vodafone arbitration judgement: Report
1-Oct-2020 Deccan Herald
The Indian government plans to contest the judgement on the Vodafone arbitration award in Hague.
Cairn seeks $1.4 bn damages from govt
30-Sep-2020 Live Mint
Cairn is seeking full restitution for losses resulting from the expropriation of its investments in India in 2014.
New bilateral treaties to keep tax disputes out of arbitration
30-Sep-2020 New Indian Express
India will try and keep its taxation laws out of the ambit of all Bilateral Investment Treaties (BITs) and comprehensive economic pacts that it negotiates.
Vodafone vs India: Who ‘committed’ the ‘original sin’?
29-Sep-2020 The Quint
In the sorry saga of the Vodafone tax dispute, how did we get here? The original error lies with India’s tax laws.
Vodafone  ruling may set precedent  for other cases
28-Sep-2020 livemint
Vodafone Group Plc’s big win against the Indian government could set a precedent for similar arbitration cases, including the one initiated by Cairn Energy Plc.