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India FTAs & ISDS


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
Could Adani sue if the mine is cancelled?
A former investment treaty between India and Australia allows for a legal claim if the mine doesn’t go ahead, but this shouldn’t deter a federal government, says a UNSW Law researcher.
Indonesia wins $469 mn arbitration case against Indian metal firm IMFA
Indonesia has won a $469 million arbitration case against India’s Metal Ferro and Alloys Ltd (IMFA) after nearly four years of court battles
Investment protection proposals under RCEP threaten India’s pharma industry
Free trade agreements like the RCEP will infringe on India’s intellectual property laws. India must stand its ground in the interest of public health.
Cairn Energy’s retro tax arbitration award delayed
Cairn Energy said it expects the long-running arbitration process against the Indian authorities over retrospective taxation to be concluded before late 2019.
Out-of-court settlement with Nissan likely, State govt. tells HC
The State government told the Madras High Court that an out-of-court settlement was likely in its long-running dispute with Japanese automaker Nissan.
Belarus - India BIT (2018)
As released by the Goverrnment of India
Swiss court ruling leaves ghost of Antrix-Devas to haunt India
India may have to pay hundreds of millions of dollars in damages to Deutsche Telekom over the manner in which it cancelled a satellite communications contract in 2011.
Govt mulls delinking investment from FTAs, seeks legal opinion
Certain ISDS (Investor-state dispute settlement) cases against India led it to review its stand on investment treaties.
Korean utility refers India to arbitration
South Korean utility Korea Western Power Company (Kowepo) has begun arbitration proceedings against India for not honoring a fuel supply commitment to a gas-based power plant that it part-owns in western India
Tribunal awards India first BIT case win, dismissing claims of French investor
An UNCITRAL arbitral tribunal has reportedly dismissed a US$36 million claim by a French investor, Louis Dreyfus Armateurs SAS (“LDA“), against India under the 1997 France-India bilateral investment treaty.
RCEP countries open to easing investment rules, agree to ease ISDS clauses
In a bid to fast-track the deal, most nations have agreed to ease the investor-state-dispute settlement (ISDS) clauses.
RCEP talks: India manages major breakthrough
New Delhi won’t not take additional commitment on intellectual property rights beyond the TRIPS agreement it has already accepted at the WTO; investor-state dispute settlement (ISDS) mechanism only for limited sectors.
India’s model bilateral investment treaty: Are we too risk averse?
India’s Model BIT is "pro-state with limited rights to foreign investors" according to the US thinktank Brookings
India may not accept arbitration orders annulling Cairn, Vodafone tax demands
India may not accept international arbitration orders annulling tax demands on British firms Vodafone Plc and Cairn Energy.
Arbitration panel to hear Vodafone challenge to Rs 22,100 crore tax in February 2019
The tribunal, headed by Sir Franklin Berman, will hear the government’s objection to tax matters being covered under the Netherlands-India Bilateral Investment Treaty.