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CoA sees no excess of power by Vedanta tribunal
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CoA holds that India’s request was not within the jurisdiction of Singaporean courts
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CoA saw India’s application as a “backdoor appeal”
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Singapore law provides no avenue for advisory opinions by courts
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India’s application is deemed to be an abuse of process
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CoA emphasises principle of minimal curial intervention
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India’s measure could not be excused by any exception to norm requiring that laws be non-retroactive
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Indian law will be relevant to the dispute as applicable law
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Unjustified retroactive taxation was “grossly unfair”
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FET standard is informed by general principles of law
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No legitimate expectations from “unsettled” taxation law, and absent a specific advance ruling from the authorities
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Indirect investments are covered by the BIT
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Withdrawal of tax demands is granted as restitution
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Disputes about “returns” relate to an investment for jurisdictional purposes
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Interest is linked to claimants’ borrowing costs and compounded
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BIT does not exclude tax-related disputes
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Nearly all costs go the claimants’ way
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No domestic law or international public policy against the arbitrability of tax disputes
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Tax refunds were also due
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Failure to mitigate is for India to establish, and test is high
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Tax gross-up claim is insufficiently substantiated
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Lawfulness of constitutionality of 2012 amendment not relevant for international law inquiry
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Alleged illegality did not take place at the time of acquisition
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India taxed the 2006 transaction on the basis of the 2012 amendment to the Tax Code
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