Tag Archives: BIT

Indian Government launches international research project on the impact of Bilateral Investment Treaties on investment flows from/to the country

India entered into its first bilateral investment treaty (BIT), with the United Kingdom, in 1994, as part of a strategy to attract inbound foreign direct investment (FDI).  Having begun to open its economy in the 1990s, India today is a … Continue reading

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Filed under Asia, India, India Disputes, Investment Arbitration, ISDS, Public International Law, Trade Agreements

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 various court decisions, which cover issues such as the applicability of the Arbitration Amendment Act 2015, binding non-signatories to an award, … Continue reading

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Filed under Arbitrability, Arbitration laws, Arbitration proceedings, Asia, Global Pound Conference, India, India Disputes, Institutions, Investment Arbitration, ISDS, News

Tribunal awards India first BIT case win, dismissing claims of French investor

An UNCITRAL arbitral tribunal has reportedly dismissed a US$36 million claim by a French investor, Louis Dreyfus Armateurs SAS (“LDA“), against India under the 1997 France-India bilateral investment treaty (“BIT“). The award is not public at this time, but press … Continue reading

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Filed under Arbitration proceedings, Asia, Awards, India, Investment Arbitration, ISDS, Jurisdiction

English Court rejects Ukraine’s attempt to set aside enforcement order on grounds of state immunity

The English Court (the “Court“) has dismissed an application by Ukraine to set aside a court order permitting Russian investor, PAO Tatneft, to enforce an arbitral award against Ukraine.  Ukraine argued that it was immune from the Court’s jurisdiction by … Continue reading

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Filed under Challenges to awards, Enforcement, Enforcement - Europe, Europe, Investment Arbitration, ISDS, Sovereign Immunity

Delhi High Court refuses to grant injunction restraining Vodafone’s second BIT arbitration against India

In a decision dated 7 May 2018, the Delhi High Court dismissed the Government of India’s application to declare Vodafone’s second BIT arbitration proceedings in relation to the retrospective tax liability imposed on Vodafone’s 2007 acquisition of Hutchison Whampoa’s Indian … Continue reading

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Filed under Arbitration proceedings, Asia, Court intervention, India, Investment Arbitration, ISDS

The new draft Dutch BIT: what does it mean for investor mailbox companies?

The Netherlands has released a new draft investment treaty for public comment (“Draft BIT“).  If adopted, the Draft BIT may raise questions about the Kingdom’s attractiveness for foreign investors who have long taken advantage of Dutch treaty protections by structuring … Continue reading

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Filed under EU, EU Law, Europe, International Human Rights, Investment Arbitration, ISDS, Public International Law

The English court sets aside a Tribunal’s findings of lack of jurisdiction under a BIT

In a decision dated 2 March 2018 (the “Decision“), the English High Court has set aside parts of an award on jurisdiction (the “Award“) from a London-seated arbitration (the “Arbitration“) concerning claims brought by GPF GP S.a.r.l (“Griffin“) against Poland … Continue reading

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Filed under Awards, Challenges to awards, Court intervention, Investment Arbitration, Jurisdiction, Public International Law, Uncategorized

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 will consider Indian court decisions, including the arbitrability of allegations of fraud and non-arbitrability of trust disputes by the Supreme Court. We … Continue reading

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Filed under Arbitrability, Asia, Enforcement, India, India Disputes, Institutions, News

Is the recently signed Morocco-Nigeria BIT a step towards a more balanced form of intra-African investor protection?

On 3 December 2016, Morocco and Nigeria signed a new bilateral investment treaty (the "BIT"), with the overarching aim of strengthening "the bonds of friendship and cooperation" between the two States.  The BIT (available here) is yet to be ratified … Continue reading

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Filed under Africa, Investment Arbitration, ISDS, News, Public International Law, Stabilisation clauses

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