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India FTAs & ISDS

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.
Vodafone wins international arbitration against India in $2 billion tax case
25-Sep-2020 Reuters
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
2-Sep-2020 The Economic Times
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
23-Jul-2020 Hindu Business Line
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
6-Jul-2020 The Print
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
29-May-2020 Reuters
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)
10-Apr-2020 Modern Diplomacy
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
2-Apr-2020 Hindustan Times
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
10-Feb-2020 Live Mint
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
27-Jan-2020 Deccan Herald
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
20-Jan-2020 The Economic Times
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.
Vodafone vs. India: ISDS legitimates tax avoidance
1-Jan-2020 TNI