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India FTAs & ISDS


Vodafone wins international arbitration against India in $2 billion tax case
Vodafone won an international arbitration case against the Indian government, ending one of the most high-profile disputes in the country involving a $2 billion tax claim.
Maharashtra govt’s plan to reinvite bids for Dharavi project may hit legal hurdle
Seclink Technologies, funded by the royal families of the United Arab Emirates and Bahrain, plans to seek arbitration over the issue under the Bilateral Investment Promotion Protection Agreement.
Indian dry bulk terminal business of French group Louis Dreyfus Armateurs collapses
ALBA Asia Pvt Ltd, the Indian dry bulk port operating company controlled by French shipping group Louis Dreyfus Armateurs SAS (LDA), has collapsed with state-run Visakhapatnam Port Trust terminating a contract for running a dry bulk terminal at the port just five years into a 30-year deal.
Chinese investments enjoy treaty protection. Beijing can drag New Delhi to tribunals
India has a Bilateral Investment Treaty with China since 2007. The treaty provides foreign investors the right to fair and equitable treatment.
Nissan settles dispute with Tamil Nadu over unpaid dues - sources
As part of the settlement, the Japanese automaker is expected to receive between $185 million and $238 million, two sources aware of the matter said.
Brazil India investment cooperation and facilitation treaty (2020)
This is Brazil’s 10th and India’s 4th bilateral investment agreement since both nations had adopted their Model Bilateral Investment Treaty.
Covid-19: Why India doesn’t need to worry about investor-State dispute settlement claims
In order to halt the spread of the coronavirus pandemic (Covid-19) and to boost the public health care system and preparedness, India has taken several regulatory steps.
Vodafone, Cairn eligible for settling disputes under tax amnesty scheme
Vodafone’s dispute relates to its $11 billion acquisition of a 67% stake in the mobile-phone business owned by Hutchison Whampoa. Cairn Energy is contesting a big tax bill that Indian government raised for a 2006 transaction.
India inks first investment treaty with Brazil post-approval of new templates in 2015
India inked an Investment Cooperation and Facilitation Treaty with Brazil – the first one after Prime Minister Narendra Modi’s Government in December 2015 approved a new template for such bilateral pacts.
View: It’s time for govt to rethink the investor-State dispute regime
India has a faced a number of claims from foreign investors over the years under the BIT regime. It is presently engaged in over 20 investor-State disputes, with a number of them revolving around retrospective tax claims.
Korean company starts arbitration against India
South Korean state owned power utility Kowepo has begun international arbitration proceedings against India in Singapore for not honouring a fuel supply commitment to its Maharashtra power plant.
Andhra Pradesh Energy department quashes claims of international arbitration
Reports claimed that foreign investors threatened to drag Andhra Pradesh to international arbitration for ‘cancelling’ renewable power purchase agreements.
Arbitration tribunal delays award in ₹10,247-cr Cairn retro tax case to mid-2020
The tax department had sought ₹10,247 crore in taxes on alleged capital gains made by the company in the internal reorganisation
India tries to loosen RCEP tangle ahead of Leaders Summit on November 4
Indian negotiators are in Bangkok trying to insert crucial provisions in the proposed Regional Comprehensive Economic Partnership (RCEP) pact.
RCEP: As deadline looms, trade unions call out dangerous clauses
Negotiators representing 16 countries have been tasked with arriving at an agreement on the controversial Regional Comprehensive Economic Partnership by October 19 but trade unions say the deal has grave consequences.
India may cut duties on 80% of Chinese imports under RCEP
India may cut or eliminate tariffs on 80% of products imported from China under a 16-country free trade agreement, the last round of negotiations for which is underway in Vietnam.
Cairn arbitration award may be protracted, not expected before 2019-end
UK’s Cairn Energy on Tuesday said the arbitration process against India on imposition of retrospective tax demand is likely to be protracted and a decision is not expected before late 2019.
International arbitration newsletter - July 2019 | Regional overview: Asia Pacific
Bangladesh, India, Malaysia, Singapore, South Korea.
Arbitration court rejects India’s plea in case against Nissan: Sources
Nissan sent a legal notice to Indian govt in 2016 claiming more than ₹5,000 crore in unpaid dues, damages at the time