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 and Moazzam discuss the arbitrability of certain types of disputes in India. They also look … Read more

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 post of July 2016). One of these negotiations was with Brazil, a country historically known … Read more

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 pursue an arbitration in London and various decisions in which the Indian courts show restraint … Read more

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 treaties ("BITs") worldwide.  This appeared to be a response to the BIT claims that India … Read more

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 parties were content to continue to use LCIA rules, and also owing to insufficient adopters … Read more

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 investment treaties and free trade agreements.  India is a significant global trading and investment partner … Read more

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 also provide updates on changes to India’s legislative framework for dispute resolution and on recent news … Read more