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Filtered : India
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US court enforces Deutsche Telekom v. India award, finding that FSIA’s arbitrability exception applies; India is not entitled to separate proceedings to air its merits defenses
Mar 28, 2024 -
Arbitrators hearing Indus Waters Treaty arbitration confirm decision to hold site visit, over India’s objections
Mar 07, 2024 -
Paris Court of Appeal allows US assignees of CC/Devas v. India (1) award to intervene in enforcement proceedings
Feb 21, 2024 -
Devas affiliates plan to take minimum contacts question to US Supreme Court
Feb 14, 2024 -
US court denies en banc rehearing of Devas v. Antrix appeal, upholding minimum contacts requirement under FSIA; dissenters criticize circuit for perpetuating outlier position
Feb 07, 2024 -
Mining company puts India on notice of treaty dispute over frozen gold extraction project
Jan 03, 2024 -
Singapore appeal judges find that India is estopped from challenging enforcement of Deutsche Telekom award on grounds that state has previously failed to convince set-aside court
Dec 15, 2023 -
Analysis: Dutch court dismisses India’s application to set aside CC/Devas v. India quantum award, finding that res judicata effect of previous Dutch court decision addressing fraud allegations prevents India from relying on Indian Supreme Court judgment
Oct 26, 2023 -
Analysis: In 2021, The Hague’s Court of Appeal dismissed set-aside proceedings against CC/Devas v. India partial award on jurisdiction and the merits
Oct 26, 2023 -
Australian court declines India’s attempt to invoke sovereign immunities in action for enforcement of Devas v. India treaty award
Oct 24, 2023 -
Third-party funder clears way for potential treaty arbitration against India over frozen mining project
Aug 25, 2023 -
Revealed: UNCITRAL tribunal dismisses treaty claim against India
Aug 07, 2023 -
US Court of Appeals reverses enforcement of Devas v. Antrix ICC award
Aug 02, 2023 -
Analysis: In Indus Water Treaty dispute, Court of Arbitration decides that neither India’s non-participation, nor parallel proceedings affect its jurisdiction
Jul 19, 2023 -
Indus Water Treaty arbitration moves to merits phase, as court upholds its competence
Jul 06, 2023 -
Indian High Court refuses enforcement of partial award issued in BG Group and Reliance v. India arbitration
Jun 06, 2023 -
Tribunal in CC/Devas v. India (2) issues Interim Award on provisional measures, as India seeks to halt the arbitration through Mauritian courts
May 19, 2023 -
Singapore court confirms enforcement of 93.3 million USD Deutsche Telekom v. India award, rejecting India’s fraud allegations
May 11, 2023 -
Delhi High Court declines to set aside Reliance v. India award
May 10, 2023 -
Identity of tribunal hearing under-the-radar arbitration against India is revealed
May 01, 2023 -
Swiss Federal Tribunal declines India’s request to revise Deutsche Telekom awards
Apr 06, 2023 -
India Round Up: A new arbitration dispute, two unsuccessful arbitrator challenges, and a new funding arrangement
Apr 04, 2023 -
Set-aside of Devas v. Antrix award is confirmed, as Delhi High Court finds that Supreme Court’s findings on corruption are binding
Mar 21, 2023 -
Dutch Supreme Court dismisses India’s bid to set-aside CC/Devas treaty award
Feb 03, 2023 -
Canadian court dismisses India’s sovereign immunity defence in Devas (1) enforcement proceedings – opining that fraud allegations are irrelevant at this stage
Jan 09, 2023 -
Eduardo Zuleta is tapped to chair second treaty arbitration between Devas’ shareholders and India
Oct 06, 2022 -
India challenges replacement arbitrator in BIT arbitration, following the state’s earlier successful bid to disqualify the claimant’s previous appointee
Sep 06, 2022 -
Delhi High Court sets aside billion-dollar Devas-Antrix satellite award based on “patent illegality”, while related treaty claim remains ongoing
Aug 29, 2022 -
ICJ President rules that investment arbitrator should be disqualified due to conflict created by his law firm’s involvement in separate matter
Jul 15, 2022 -
UK court upholds oil & gas award against India
Jun 10, 2022 -
UNCITRAL tribunal dismisses under-the-radar treaty claim against India
May 19, 2022 -
India requests revision of satellite award, arguing that recent Supreme Court decision revealed fraudulent scheme
May 19, 2022 -
India Round-Up: New notices of dispute, a new treaty arbitration, India is urged to update its model BIT, and Supreme Court confirms liquidation of Devas while efforts to enforce related treaty awards are ongoing
Feb 02, 2022 -
Devas shareholders file new treaty arbitration against India, alleging that the state has engaged in an “audacious scheme” to avoid payment of billion-dollar ICC award in Devas-Antrix dispute
Feb 02, 2022 -
The Hague Court sets aside Cairn v. India award based on Cairn’s decision not to object to the set-aside application
Jan 10, 2022 -
Cairn and India move towards settlement of 1+ billion USD retroactive tax dispute
Nov 04, 2021 -
Parties in multi-faceted post-award satellite dispute discuss whether BIT contains a forum selection clause reserving enforcement jurisdiction to the courts of the host state
Oct 20, 2021 -
India Round Up: Devas is wound up, Devas’ shareholders seek to seize assets from Air India, and India is told to pay an earlier vaccine award
Jun 30, 2021 -
India is chastised for abuse of process as Singapore appeals court upholds earlier ruling on cross-disclosure of documents in parallel treaty-based arbitrations
May 14, 2021 -
India is put on notice of treaty-based dispute over alleged retaliatory actions against claimants in billion-dollar satellite arbitrations
May 08, 2021 -
Another investor lodges a treaty-based claim against India over a tax assessment dispute
Apr 30, 2021 -
Analysis: On quantum, Deutsche Telekom v. India tribunal opts for sunk costs approach, departing from parallel Indian satellite spectrum cases
Apr 23, 2021 -
Quantum Award in Deutsche Telekom v. India surfaces
Apr 20, 2021 -
Cairn award prompts miner to contemplate BIT claim against India
Feb 18, 2021 -
Analysis: In Devas v. India, tribunal majority applies DCF model to value a business with no operational activity, while dissenter would have awarded only sunk costs
Jan 21, 2021 -
Quantum award against India surfaces
Jan 13, 2021 -
Analysis: in now-public award, BIT tribunal finds that retroactive change to tax law was “grossly unfair”; India ordered to withdraw tax demand and compensate for forced sale of investment
Dec 29, 2020 -
[Updated with a copy of the Award] A $1.2+ billion dollar loss for India as Cairn Energy prevails in new investment treaty award
Dec 23, 2020 -
India is facing treaty-based arbitration claims by Mauritian airport investor, with a tribunal already in place
Nov 05, 2020 -
Investigation: In still-confidential Tenoch v. India award, Brower and Stern fall out over availability of national security defence to justify measures taken against Russian investors
Oct 28, 2020 -
India’s request for cross-disclosure in parallel Vedanta and Cairn arbitrations is declined by Singapore’s courts
Oct 09, 2020 -
Breaking: Vodafone prevails in treaty-based arbitration against India
Sep 25, 2020 -
BIT threat against India surfaces, as local government looks to retender $1 billion (US) redevelopment project
Sep 01, 2020 -
Indian court upholds arbitration agreement in ICSID claimant’s fees dispute with US law firm
Jun 12, 2020 -
India round-up: An update on seven investment treaty cases against the state
Jun 11, 2020 -
India reportedly settles treaty-based dispute with Nissan
May 28, 2020 -
Newly-obtained jurisdictional decision in Louis Dreyfus v. India reveals tribunal’s full reasoning on unusual BIT clause and prior negotiation requirements
Jan 29, 2020 -
India prevails in UNCITRAL BIT case brought by Russian/Cypriot investors in telecoms sector
Jan 20, 2020 -
Previously-unseen 2018 Louis Dreyfus v. India BIT award surfaces, revealing tribunal’s reasoning for dismissing investor’s claims and imposing large costs order
Jan 09, 2020 -
Korean power company makes good on earlier threats to initiate arbitration proceedings against India
Dec 10, 2019 -
Indian court overturns decision purporting to restrain UNCITRAL arbitration
Dec 09, 2019 -
Revision of renewable energy contracts raises spectre of international arbitration proceedings against India
Nov 29, 2019 -
Nissan v. India: Previously-unseen jurisdictional decision reveals tribunal’s rejection of objections on tribunal constitution, fork-in-the-road, contractual forum selection clause, time-bar, and taxation exception
Sep 13, 2019 -
Looking Back: Dabhol power plant saga led to numerous commercial, investment treaty and inter-state arbitrations, and perhaps foreshadowed India’s later concerns over BITs
Sep 11, 2019 -
Dutch court decision surfaces in Devas case, revealing reasons why award withstood India’s set-aside bid
Aug 29, 2019 -
India round-up: an update on various investment treaty disputes against the state
Aug 22, 2019 -
India round-up: BIT claims withdrawn on cusp of hearings; another dispute is formally notified; and Japanese investor reportedly clears jurisdictional hurdles
May 29, 2019 -
In recently-released decisions, UNCITRAL tribunal declines India’s request for greater transparency in Cairn tax case, and rejects state’s unilateral right to file arbitration documents with local courts
May 02, 2019 -
An update on India’s satellite spectrum arbitrations, including enforcement developments related to $1+ billion ICC award debt and status of parallel BIT claims
Apr 17, 2019 -
Indonesia defeats BIT claim by Indian Metals & Ferro Alloys Ltd
Mar 29, 2019 -
Campbell McLachlan tapped to chair UNCITRAL BIT arbitration
Feb 06, 2019 -
Indian court defers to arbitrators by refusing to enjoin Mauritian investor Khaitan Holdings’ BIT arbitration against India, but then muses on jurisdictional and merits issues in the dispute [UPDATED]
Jan 30, 2019 -
An overview of our reporting from September-December 2018
Jan 04, 2019 -
India agrees new investment treaty text with Colombia, Belarus and Taiwan, advancing some of its key concerns such as partial exhaustion and human rights [UPDATED]
Jan 01, 2019 -
ANALYSIS: Swiss Court weighs in with its reading of “essential security” BIT clause, indirect investment coverage and thoughts on corruption objection, en route to rejecting India’s bid to set aside award in favour of Deutsche Telekom
Dec 27, 2018 -
Korean state-owned utility puts India on notice of dispute over failures to supply gas to power plant
Oct 22, 2018 -
Crowded out of spotlight due to myriad of high-profile claims against Indian state, a series of BIT claims by Indian investors advance with less fanfare
Sep 24, 2018 -
Another Indian BIT award surfaces (Deutsche Telekom v. India), revealing divergence between a pair of tribunals with respect to application of “essential security” clauses
Sep 17, 2018 -
ANALYSIS: In newly-surfaced ICC contract award, arbitrators find that India’s space company Antrix repudiated a satellite lease agreement; force majeure argument is nixed, and foreign-owned claimant stands to collect $1 billion US
Sep 17, 2018 -
Tribunal rules for India in BIT case, dismissing claims of French investor and imposing hefty costs award
Sep 11, 2018 -
An update on investment treaty disputes involving the Government of India
Aug 23, 2018 -
In now-public Devas v. India BIT award, arbitrators disagree on interpretation of “essential security interest” clause and extent to which national security concerns underlay state’s conduct
Jun 12, 2018 -
ANALYSIS: US Federal Court declines enforcement of arbitration award that ordered specific performance from government of India, citing public policy interest in respecting a foreign State’s sovereign rights
Jun 10, 2018 -
ANALYSIS: in latest ruling to weigh in on propriety of parallel BIT claims, a local court affirms power to enjoin a parallel case, but sees reasons why parallel claims by Vodafone are not an abuse
May 10, 2018 -
BREAKING: Indian court declines to restrain Vodafone from pursuing second BIT arbitration against India
May 07, 2018 -
India round-up: updates on five pending investment treaty arbitrations, including rulings (on liability in Deutsche Telekom case), tribunals and anti-suit injunctions
Mar 21, 2018 -
Indian state government seeks domestic court order to restrain Nissan’s BIT arbitration, as claimant seeks interim measures to restrain India
Dec 20, 2017 -
Indian Supreme Court allows appointment of tribunal president in Vodafone’s second arbitration against India, but restrains arbitration hearings until January
Dec 15, 2017 -
Another treaty claim against India surfaces
Dec 01, 2017 -
India round-up: updates on the Vodafone, Devas and Tenoch (Bycell) arbitrations
Nov 01, 2017 -
India, citing Orascom BIT award as authority on abuse of process, secures a temporary injunction restraining new BIT arbitration by Vodafone
Aug 23, 2017 -
Unable to unilaterally terminate a 2011 BIT, the Government of India persuades counter-party to agree Joint Interpretive Note to clarify BIT’s implications
Jul 17, 2017 -
As India’s key jurisdictional objections come into view in tax cases, tribunals diverge as to whether they should be addressed on a preliminary basis
May 01, 2017 -
“Quasi-consolidation” of billion dollar retroactive tax cases is nixed; arbitrators also rule that Cairn v. India case should not be stayed in deference to Vedanta proceeding
Apr 28, 2017 -
Investors exchange arguments with India over UNCITRAL/BIT real estate dispute
Apr 02, 2017 -
Indian BIT negotiator clarifies country’s stance on exhaustion of remedies, and offers update on status of country’s revamp of bilateral investment treaties
Mar 31, 2017 -
ANALYSIS: EU and Canada convene dozens of countries this week to discuss informally a multilateral investment court, while institutional “ownership” of formal negotiations remains unclear
Dec 13, 2016 -
Brazil and India conclude bilateral investment treaty
Nov 28, 2016 -
Flemingo v. Poland tribunal rejects compensation for “loss of chance” and finds case to be well suited for a pure DCF analysis
Nov 02, 2016 -
President of ICJ nominates chair for Vodafone v. India arbitration – and then rejects India’s effort to disqualify the nominee
Nov 02, 2016