Advertisement Cairn v. India – Does Cairn Have Remedies in Light of India's Attempts to Remove Funds from Overseas Indian Bank Accounts Monday, May 24, 2021 If a disputing party in an arbitration believes that receiving an arbitration award is a battle half won, wait until enforcement begins. The Cairn v. India 1 dispute is a classic example. BACKGROUND On December 21, 2020, the international arbitral tribunal (Tribunal) constituted in the case of Cairn Energy Plc and Cairn UK Holdings Limited (collectively ‘Cairn’) v. The Republic of India held that India had failed to uphold its obligations under the 1994 Bilateral Investment Treaty between Republic of India and United Kingdom (India - UK BIT) and under international law, by imposing tax liability of ₹10,247 crore and adopting consequent measures taken to enforce the liability. The Tribunal ordered India to pay to Cairn INR 9,000 crore in damages for the ‘total harm’ suffered by Cairn as a result of India’s breaches.