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India Arbitration

Vodafone versus India Investment Treaty Arbitration

04/06/2018 by Aceris Law LLC

Vodafone India Investment Treaty Arbitration

The Vodafone versus India investment treaty arbitratoin has its origins in 2007 when Vodafone acquired a majority stake in India’s Hutchison Essar[1]. It was a Cayman island transaction. Essentially, Vodafone used the tax haven to escape the jurisdiction of India’s tax authorities. Retroactive Taxation It was therefore unsurprising when, in 2012, the Indian Supreme Court […]

Filed Under: Bilateral Investment Treaty, India Arbitration, International Arbitration, Investment Arbitration

Arbitration Law in India – Two Indian Parties Can Choose a Foreign Seat of Arbitration

19/01/2018 by Aceris Law LLC

Arbitration Law India

The Delhi High Court ruled that two Indian parties can agree in the arbitration clause to have a foreign seat of arbitration, i.e. outside India. The two Indian parties, Doosan India and GMR Chhattisgarh Energy Limited entered into a contract regarding the development of a 1350 MW Coal Fired Thermal Power Plant in Chhattisgarh. The […]

Filed Under: India Arbitration, International Arbitration, SIAC Arbitration

Validity of Appellate Arbitration Clauses

28/02/2017 by Aceris Law LLC

Appellate-Arbitration-Clauses

The validity of appellate arbitration clauses has been upheld in India. In some arbitration clauses, parties may elect to resort to appellate arbitration clauses that provide for an appellate mechanism with respect to an award in order to correct errors. While prolonging the duration of arbitration, these clauses are sometimes desired as arbitral awards cannot […]

Filed Under: Arbitration Clause, Award on Costs, India Arbitration, International Arbitration

New Arbitration Centre in India

27/01/2017 by Aceris Law LLC

Arbitration Centre in India

A new arbitration centre in India is opening in the Indian city of Gurugram, located just southwest from New Delhi. The initiative for this new arbitration centre came from the Punjab and Harayana High Court. Although due to lengthy administrative procedures and government approvals it might take a few years for it to become operative, […]

Filed Under: Commercial Arbitration, India Arbitration, International Arbitration

Indian Investment Arbitration Regime Changes

11/10/2016 by Aceris Law LLC

India Investment Arbitration Regime

Since the beginning of 2012, India has enacted significant changes with respect to the Indian investment arbitration regime. A new model Bilateral Investment Treaty (“BIT”) was approved in 2015 and will be used to renegotiate all future BIT’s signed by India. In 2016, India also terminated its existing BIT’s with 57 countries, showing India’s intent to withdraw from the Investor-State […]

Filed Under: Bilateral Investment Treaty, India Arbitration, International Arbitration, Investment Arbitration, UNCITRAL Arbitration

Mumbai Centre for International Arbitration (MCIA)

02/10/2016 by Aceris Law LLC

Mumbai Centre for International Arbitration (MCIA)

The Mumbai Centre for International Arbitration (MCIA) was established in India as a joint initiative between the Government of Maharashtra and the domestic and international business and legal communities, in order to transform Mumbai into a major international financial centre. It hopes to bring most Indian cases back from the Singapore International Arbitration Centre (SIAC), […]

Filed Under: Arbitration, India Arbitration, International Arbitration, Singapore Arbitration

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