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Despite arbitration tug of war, mutual settlement is key Updated: Updated: March 04, 2021 01:36 IST Given increased FDI in India, it may not be conducive to weave a web of litigation, affecting stakeholders and exit routes Share Article AAA Given increased FDI in India, it may not be conducive to weave a web of litigation, affecting stakeholders and exit routes For the Indian foreign direct investment (FDI) landscape, the year 2020 may have been a welcome bag of enhanced equity inflows, bold policy changes and billion-dollar milestones. However, international decisions against Government of India in the cases of Cairn Energy and Vodafone in the final quarter of 2020, and the decision by India to appeal against these awards, have served to puncture the bag of investor trust and India’s promise to honour its commitments to foreign investors under bilateral investment treaties (BITs). ....
Investment Arbitration and India: 2020 Year in Review Thursday, February 25, 2021 For the Indian foreign direct investment landscape, 2020 was a mixed bag of equity inflows, policy changes, arbitration awards and innovative dispute resolution strategies. In September 2020, FDI equity inflows in India crossed the USD 500 billion milestone, computed over a period of 20 years starting from April 2000. 1 While global FDI witnessed a steep decline of 42%, India noted a 13% increase in FDI inflows. 2 India’s tightened scrutiny of FDI from her neighbours and FDI in e-commerce invited intense discussion. However, the culmination of key long-standing arbitration proceedings initiated by foreign investors against India under international investment treaties invited global attention, especially in the final quarter of 2020. These disputes were initiated by foreign investors to challenge measures adopted by the Indian government and State entities that adverse ....
Circumvent american law, which strips us of a representative government. that s not true. it is true. it is true. and once the tribunal makes a decision on the investor state disputes, the united states government can t do anything about it. these are nonbinding findings, and the united states can pull out of any agreement that it would like to pull out of. lisa johnson, is this true? can they pull out once they get into the whole deal? pulling out is much more complicated than that. essentially the agreements have a long period of life where they are in force for about 10 to 20 years, depending on the agreements, and once they re terminated, if unilaterally they stay in force for another 10 to 15 years. so it s not as simple as yun unilaterally saying we re out of the agreement. so the investor state disputes what are all the yun rons are concerned about and workers in the country. there would be no reversal court in their lifetime. right. and this would circumvent ....