US court denies en banc rehearing of Devas v. Antrix appeal, upholding minimum contacts requirement under FSIA; dissenters criticize circuit for perpetuating outlier position

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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

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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

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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

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Canadian court dismisses India’s sovereign immunity defence in Devas (1) enforcement proceedings – opining that fraud allegations are irrelevant at this stage

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India challenges replacement arbitrator in BIT arbitration, following the state’s earlier successful bid to disqualify the claimant’s previous appointee

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Delhi High Court sets aside billion-dollar Devas-Antrix satellite award based on “patent illegality”, while related treaty claim remains ongoing

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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

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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

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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

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India is put on notice of treaty-based dispute over alleged retaliatory actions against claimants in billion-dollar satellite arbitrations

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Analysis: On quantum, Deutsche Telekom v. India tribunal opts for sunk costs approach, departing from parallel Indian satellite spectrum cases

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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

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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

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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

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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

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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

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An update on India’s satellite spectrum arbitrations, including enforcement developments related to $1+ billion ICC award debt and status of parallel BIT claims

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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]

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An overview of our reporting from September-December 2018

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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]

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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

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Another Indian BIT award surfaces (Deutsche Telekom v. India), revealing divergence between a pair of tribunals with respect to application of “essential security” clauses

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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

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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

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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

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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

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India round-up: updates on five pending investment treaty arbitrations, including rulings (on liability in Deutsche Telekom case), tribunals and anti-suit injunctions

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India, citing Orascom BIT award as authority on abuse of process, secures a temporary injunction restraining new BIT arbitration by Vodafone

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“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

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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

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In new BIT award, Flemingo v. Poland, arbitrators deem state-owned company to be a state organ, and see FET and expropriation violations due to contract termination

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