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Indian state-backed industrial technology company reports 30-million-USD arbitration claim by sub-contractor
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On appeal, Delhi High Court sets aside award in gas migration dispute between Reliance and India
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Australia’s Federal Court finds that India is immune from enforcement of Devas award
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Juan Fernández-Armesto is tapped to chair gold mining arbitration against India
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Indian state-owned entity and German successor of Gazprom settle LCIA arbitration over alleged outstanding gas supplies
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Hague Court of Appeal reverses judgment that denied enforcement of Devas award against Indian state-owned company, finding that Indian courts breached due process when liquidating claimant
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[Updated with Tribunal] Indian commodities investor lodges arbitration against Ghana
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Devas shareholders notch some procedural wins before Québec Court of Appeal, but end of enforcement proceedings remains distant
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French judge of first instance grants exequatur to Indian judgment that placed Devas Multimedia into forced liquidation
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[Updated] Vedanta lodges new treaty arbitration against India; UNCITRAL tribunal is already in place to hear the claim
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Billion-dollar Devas v. Antrix award can be enforced in France, Cour de cassation rules
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India invites comments on new amendment to the state’s Arbitration Act
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Analysis: India’s new investment treaty with the United Arab Emirates indicates shift towards increased regulation of ISDS process and safeguard of state’s regulatory powers
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[Updated with treaty text] India announces entry into force of new BIT with United Arab Emirates
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[Updated] US Supreme Court decides to examine minimum contacts question in battle for enforcement of billion-dollar Devas v. Antrix ICC award
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[Updated] Gold miner makes good on earlier threat to lodge treaty arbitration against India; tribunal is now in place
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[Updated] 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
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Arbitrators hearing Indus Waters Treaty arbitration confirm decision to hold site visit, over India’s objections
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Paris Court of Appeal allows US assignees of CC/Devas v. India (1) award to intervene in enforcement proceedings
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[Updated] Devas affiliates take minimum contacts question to US Supreme Court
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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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Mining company puts India on notice of treaty dispute over frozen gold extraction project
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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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Australian court declines India’s attempt to invoke sovereign immunities in action for enforcement of Devas v. India treaty award
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Third-party funder clears way for potential treaty arbitration against India over frozen mining project
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Revealed: UNCITRAL tribunal dismisses treaty claim against India
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US Court of Appeals reverses enforcement of Devas v. Antrix ICC award
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Analysis: In Indus Water Treaty dispute, Court of Arbitration decides that neither India’s non-participation, nor parallel proceedings affect its jurisdiction
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Indus Water Treaty arbitration moves to merits phase, as court upholds its competence
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Indian High Court refuses enforcement of partial award issued in BG Group and Reliance v. India arbitration
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Tribunal in CC/Devas v. India (2) issues Interim Award on provisional measures, as India seeks to halt the arbitration through Mauritian courts
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Singapore court confirms enforcement of 93.3 million USD Deutsche Telekom v. India award, rejecting India’s fraud allegations
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Delhi High Court declines to set aside Reliance v. India award
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Identity of tribunal hearing under-the-radar arbitration against India is revealed
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Swiss Federal Tribunal declines India’s request to revise Deutsche Telekom awards
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India Round Up: A new arbitration dispute, two unsuccessful arbitrator challenges, and a new funding arrangement
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Set-aside of Devas v. Antrix award is confirmed, as Delhi High Court finds that Supreme Court’s findings on corruption are binding
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Dutch Supreme Court dismisses India’s bid to set-aside CC/Devas treaty award
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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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Eduardo Zuleta is tapped to chair second treaty arbitration between Devas’ shareholders and India
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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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ICJ President rules that investment arbitrator should be disqualified due to conflict created by his law firm’s involvement in separate matter
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UK court upholds oil & gas award against India
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UNCITRAL tribunal dismisses under-the-radar treaty claim against India
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India requests revision of satellite award, arguing that recent Supreme Court decision revealed fraudulent scheme
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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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The Hague Court sets aside Cairn v. India award based on Cairn’s decision not to object to the set-aside application
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Cairn and India move towards settlement of 1+ billion USD retroactive tax 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 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
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India is chastised for abuse of process as Singapore appeals court upholds earlier ruling on cross-disclosure of documents in parallel treaty-based arbitrations
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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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Another investor lodges a treaty-based claim against India over a tax assessment dispute
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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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Quantum Award in Deutsche Telekom v. India surfaces
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Cairn award prompts miner to contemplate BIT claim against India
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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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Quantum award against India surfaces
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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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[Updated with a copy of the Award] A $1.2+ billion dollar loss for India as Cairn Energy prevails in new investment treaty award
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India is facing treaty-based arbitration claims by Mauritian airport investor, with a tribunal already in place
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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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India’s request for cross-disclosure in parallel Vedanta and Cairn arbitrations is declined by Singapore’s courts
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Breaking: Vodafone prevails in treaty-based arbitration against India
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BIT threat against India surfaces, as local government looks to retender $1 billion (US) redevelopment project
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Indian court upholds arbitration agreement in ICSID claimant’s fees dispute with US law firm
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India round-up: An update on seven investment treaty cases against the state
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India reportedly settles treaty-based dispute with Nissan
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Newly-obtained jurisdictional decision in Louis Dreyfus v. India reveals tribunal’s full reasoning on unusual BIT clause and prior negotiation requirements
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India prevails in UNCITRAL BIT case brought by Russian/Cypriot investors in telecoms sector
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Previously-unseen 2018 Louis Dreyfus v. India BIT award surfaces, revealing tribunal’s reasoning for dismissing investor’s claims and imposing large costs order
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Korean power company makes good on earlier threats to initiate arbitration proceedings against India
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Indian court overturns decision purporting to restrain UNCITRAL arbitration
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Revision of renewable energy contracts raises spectre of international arbitration proceedings against India
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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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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
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Dutch court decision surfaces in Devas case, revealing reasons why award withstood India’s set-aside bid
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India round-up: an update on various investment treaty disputes against the state
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India round-up: BIT claims withdrawn on cusp of hearings; another dispute is formally notified; and Japanese investor reportedly clears jurisdictional hurdles
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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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Indonesia defeats BIT claim by Indian Metals & Ferro Alloys Ltd
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Campbell McLachlan tapped to chair UNCITRAL BIT arbitration
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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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Korean state-owned utility puts India on notice of dispute over failures to supply gas to power plant
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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
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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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Tribunal rules for India in BIT case, dismissing claims of French investor and imposing hefty costs award
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An update on investment treaty disputes involving the Government of India
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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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