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India FTAs & ISDS


The India/UAE Bilateral Investment Treaty: Novel features in the next generation of BITs
We consider the key changes for investors and how the treaty reflects India’s developing approach to the balancing of its regulatory rights against those of private investors.
Active negotiations on with over dozen countries for finalising BIT: Official
India is actively negotiating bilateral investment treaties with over a dozen countries, including Saudi Arabia, Qatar, Israel, Oman, European Union, Switzerland, Russia, and Australia, a government official said.
A closer look at the India-Uzbekistan BIT 2024: Key provisions and implications
The treaty is a prime illustration of India’s post-2016 BIT policy in action and follows India’s Model BIT closely.
India-Kyrgyz Bilateral Investment Treaty comes into force, replaces agreement of 2000
The BIT has calibrated the Investor-State Dispute Settlement mechanism with mandatory exhaustion of local remedies, thereby, providing investors alternate dispute resolution mechanism.
Panthera Resources files $1.58bn damage claim against India over Bhukia project
UK-based gold exploration company Panthera Resources, through its Australian subsidiary Indo Gold, has filed a claim for damages totalling $1.58bn against the Republic of India, alleging breaches of a bilateral investment treaty.
UK-India investment treaty lets companies sue government, sources say
An investment treaty between Britain and India will contain a provision that allows companies to sue either government if they believe policy changes unfairly harm their investment or profits.
Definition of investment in bilateral investment treaties of South Asian countries and regulatory discretion
This paper analyses the broad asset based definition of investment in the BITs signed by four South Asian countries, namely Bangladesh, Pakistan, India and Sri Lanka.
Enforcement of foreign awards, the India-UAE BIT, and international law
The new bilateral investment treaty between India and the United Arab Emirates clarifies concerns around enforcing investor-State awards in India—at least for this BIT.
Model Bilateral Investment Treaty to be made more investor friendly: FM
Revamp will help expedite new BITs with partner countries; may push FTA talks.
Bilateral investment treaty and FTAs are two separate pacts; should continue to remain so: Sources
Demands of certain developed countries from India to negotiate ’investment protection’ elements under an FTA is inappropriate as negotiating the matter as part of a separate chapter under the trade pact could have larger and detrimental implications.
Panthera Resources’ arbitration re-rating possibility too large to ignore, suggests broker
Panthera Resources PLC has been highlighted by VSA Capital as one of a growing number of small caps offering potentially significant upside via international litigation.
India-EU FTA: Investment chapter to include FDI liberalisation, exclude protection, arbitration
The proposed India-EU Free Trade Agreement is likely to focus on investment liberalisation, while keeping investment protection and arbitration out of the pact, to be negotiated separately in a bilateral investment treaty.
A bilateral investment treaty with a ‘bit’ of change
Despite some departures, the India-UAE bilateral investment treaty establishes a continuity of India’s investment treaty practice.
FinMin not keen on inclusion of BIT in free trade pacts: Sources
Investment chapters in India FTAs may be limited to investment promotion, facilitation.
Vedanta parent moves Permanent Court of Arbitration against Indian govt
UK-based Vedanta Resources Ltd raising a dispute against the government of India brings the challenges of investor-state arbitration into limelight.
India, UAE investment promotion, protection treaty comes into effect from August 31: Finance ministry
Enforcement of this pact with the UAE gives continuity of investment protection to investors of both the countries.
The India-EFTA deal: A model for developing countries
Governments are shifting from investor-state dispute mechanisms to treaties that encourage and ease investment.
Non-European Union states keen on investment agreements with India
Several non-European Union states are keen on finalising bilateral investment treaties with India to boost the potential for investments and to address concerns of investors on matters such as dispute resolution.
PMO asks commerce min to examine model text of bilateral investment treaty
India’s Prime Minister’s Office (PMO) has asked the commerce ministry to examine the model text of the bilateral investment treaty and suggest modifications to further improve the ease of doing business.
Switzerland seeks bilateral investment treaty with India
Switzerland pursues a new bilateral investment treaty with India post EFTA deal, addressing model treaty concerns.India remains reluctant on concessions, focusing on market.