India

Mixed messages to investors as India quietly terminates bilateral investment treaties with 58 countries

The Government of India says it has sent notices to terminate bilateral investment treaties (BITs) with 58 countries, including 22 EU countries.  It has been reported that many of these BITs will cease to apply to new investments from as … Continue reading

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Filed under Asia, India, Investment Arbitration, Trade Agreements

Arbitration in India: a pro-arbitration approach?

Nick Peacock, Head of the India Disputes practice at Herbert Smith Freehills speaks with Moazzam Khan (Co-head International Dispute Resolution Practice at Indian law firm, Nishith Desai Associates) to discuss the current approach taken by the Indian courts towards arbitration.  Nick … Continue reading

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Filed under Arbitrability, Arbitration laws, Asia, India, Video

India and Brazil conclude negotiations of Bilateral Investment Treaty

As previously noted in April 2015, India amended its model bilateral investment treaty (the Indian Model BIT) and has reportedly been deploying it in recent months to seek to re-negotiate bilateral investment treaties (BITs) with over 47 countries (see previous … Continue reading

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Filed under Asia, India, Investment Arbitration, ISDS, News, Public International Law, The Americas

Recent Developments in India-Related International Arbitration

Herbert Smith Freehills has issued the latest edition of its Indian international arbitration e-bulletin.  In this issue, we consider Indian court decisions, including the rejection of forum non conveniens arguments by the Delhi High Court allowing restaurant chain McDonalds to … Continue reading

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Filed under Asia, India, Institutions, Investment Arbitration

India seeks to re-negotiate Bilateral Investment Treaties with over 47 countries

As we previously reported in April 2015 and January 2016, the Government of India ("GOI") published a draft Model Text for the Indian Bilateral Investment Treaty ("Model BIT") to serve as a framework for the renegotiation of India's bilateral investment … Continue reading

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Filed under India, Investment Arbitration, Public International Law

LCIA India to end operations

The London Court of International Arbitration (LCIA) has decided to end its physical presence in India, with the closure of its independent subsidiary, LCIA India. The decision to end physical presence in India was based on market feedback that Indian … Continue reading

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Filed under India, Institutions

Head of India Arbitration Practice, Nick Peacock, comments on India’s Final Text for its Model BIT for CNBC TV18’s “The Firm”

As reported in our recent India E Bulletin here, India has unveiled the final version of its Model Text for the Indian Bilateral Investment Treaty (Model BIT).  The Model BIT serves as a template for negotiation by India of bilateral … Continue reading

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Filed under Asia, India, Investment Arbitration, News, Public International Law

Recent Developments in India-related international arbitration

Herbert Smith Freehills has issued the latest edition of its Indian international arbitration e-bulletin.   In this issue, we consider Indian court decisions on the arbitrability of fraud and the enforceability and execution of a foreign award against a "sick" Indian company.  We … Continue reading

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Filed under Asia, India, News

Arbitrability of fraud in India

The decision of the Indian Supreme Court in Swiss Timing Limited v Organising Committee, 2010 Olympic Games, Delhi[1] ("Swiss Timing") last year seemingly settled the legal position on whether claims involving allegations of fraud are arbitrable in India. The Supreme Court … Continue reading

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Filed under Arbitrability, Asia, India

Amendments to the Indian Arbitration Act now effective

The Indian Government has taken steps to implement long awaited arbitration reforms by promulgating an ordinance, the Arbitration and Conciliation (Amendment) Ordinance, 2015 (the "Ordinance"), amending the Arbitration and Conciliation Act 1996 (the "Act"). These amendments have been on the … Continue reading

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Filed under Arbitration laws, Asia, India