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India FTAs & ISDS

Korean company starts arbitration against India
10-Dec-2019 Economic Times
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
2-Dec-2019 New Indian Express
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
28-Oct-2019 BusinessLine
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
22-Oct-2019 The Hindu Business Line
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
21-Oct-2019 People Dispatch
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
2-Oct-2019 The Economic Times
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
10-Sep-2019 Outlook India
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
25-Jul-2019 Lexology
Bangladesh, India, Malaysia, Singapore, South Korea.
Arbitration court rejects India’s plea in case against Nissan: Sources
1-Jun-2019 Live Mint
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?
7-May-2019 UNSW
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
1-Apr-2019 Business Standard
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
15-Mar-2019 The Wire
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
11-Mar-2019 Times of India
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
21-Feb-2019 The Hindu
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)
3-Jan-2019 Ministry of External Affairs, Goverrnment of India
As released by the Goverrnment of India
Swiss court ruling leaves ghost of Antrix-Devas to haunt India
17-Dec-2018 The Wire
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
15-Nov-2018 BusinessLine
Certain ISDS (Investor-state dispute settlement) cases against India led it to review its stand on investment treaties.
Korean utility refers India to arbitration
24-Oct-2018 Natural Gas World
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
19-Sep-2018 Herbert Smith Freehills
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
10-Sep-2018 Business Standard
In a bid to fast-track the deal, most nations have agreed to ease the investor-state-dispute settlement (ISDS) clauses.