A BIT for FDI (On the need to renew BIPA)

Source:  Business Standard  Relevance: Taxation laws in India, Issues with BIT  Synopsis: Repeal of retrospective tax law gives government the opportunity to renew the 70-odd Bilateral Investment and Protection Agreements (BIPA) Impacts of BIT and retrospective taxation BIT and retrospective taxation increased international arbitration cases. First, India has never been comfortable recognizing investments from abroad when they… Continue reading A BIT for FDI (On the need to renew BIPA)

What good are BITs?

Source: Business Standard Relevance: Harnessing the potential of Bilateral Investment Treaties to promote economic growth Synopsis: Many of us in India are irritated when the country’s state agencies lose cases (example Cairn energy case), and large penalties have to be paid on account of Bilateral Investment Treaties (BITs). But from India’s viewpoint, it is efficient… Continue reading What good are BITs?

GoI should not contest arbitral awards in Indian courts

Source: TOI Relevance: Issues in implementation of arbitral awards due to India’s legacy Bilateral Investment Treaty (BIT) structure. Synopsis: In the aftermath of the Cairn arbitral award, a analysis of issues involved and probable future course of action. Background A French court recently allowed Cairn to take control of 20 government of India properties in… Continue reading GoI should not contest arbitral awards in Indian courts