The BIT has calibrated the Investor-State Dispute Settlement mechanism with mandatory exhaustion of local remedies, thereby, providing investors alternate dispute resolution mechanism.
UK-based gold exploration company Panthera Resources, through its Australian subsidiary Indo Gold, has filed a claim for damages totalling $1.58bn against the Republic of India, alleging breaches of a bilateral investment treaty.
An investment treaty between Britain and India will contain a provision that allows companies to sue either government if they believe policy changes unfairly harm their investment or profits.
Un traité d’investissement entre la Grande-Bretagne et l’Inde contiendra une disposition permettant aux entreprises de poursuivre l’un ou l’autre gouvernement si elles estiment que des changements de politique nuisent injustement à leurs investissements ou à leurs bénéfices.
This paper analyses the broad asset based definition of investment in the BITs signed by four South Asian countries, namely Bangladesh, Pakistan, India and Sri Lanka.
The new bilateral investment treaty between India and the United Arab Emirates clarifies concerns around enforcing investor-State awards in India—at least for this BIT.
Demands of certain developed countries from India to negotiate ’investment protection’ elements under an FTA is inappropriate as negotiating the matter as part of a separate chapter under the trade pact could have larger and detrimental implications.
Panthera Resources PLC has been highlighted by VSA Capital as one of a growing number of small caps offering potentially significant upside via international litigation.