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 early as April 2017. The BIT between India and The Netherlands (which had been a … Read more

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

As reported in our recent blog post here, India has recently released a draft  “Model Text for the Indian Bilateral Investment Treaty” (“Model BIT“).  Head of the India Arbitration Practice, Nick Peacock was invited to comment on the Model BIT for CNBC TV18’s The Firm, India’s only television programme covering corporate law, M&A, financial regulation, … Read more

The Government of India (“GOI“) has recently published a draft “Model Text for the Indian Bilateral Investment Treaty” (“Model BIT“), which is understood to be intended to revise India’s model bilateral investment treaty of 1993 and to serve as a framework for the renegotiation of India’s over 80 bilateral investment treaties (“BITs“) which are currently … Read more

Herbert Smith Freehills has issued the latest edition of its Indian international arbitration e-bulletin. This issue considers some significant decisions of the Indian courts, including two decisions on the arbitrability of fraud claims and a decision of the Supreme Court concerning the power of Indian courts to intervene in foreign-seated arbitrations. The e-bulletin also reports … Read more

Monday 7 July 2014 9.30am BST It has been a time of change for the investment climate in India – driven in large part by recent and very significant changes in the political climate in India, changing attitude of the Indian courts and an increasing willingness of foreign investors to take on the Indian state. … Read more

As the dust settles on a momentous General Election in India, many will also have noted a number of multinationals having commenced, or taken steps towards, arbitration claims against the Government of India under Bilateral Investment Treaties (BITs) in the last few weeks. Perhaps the most high profile is Vodafone, whose long running dispute with … Read more

Herbert Smith Freehills has issued its latest Indian International Arbitration e-bulletin. The e-bulletin considers two decisions of the Delhi High Court – one which presents a novel interpretation of the Indian Arbitration Act while expanding the scope for court intervention in foreign seated arbitration, and the other which reaffirms the law on arbitrability of disputes … Read more