Arbitration awards and the public interest

An objective, analytical approach to pursuing or resisting claims and arbitration awards is advisable

The arbitration awards against India’s retroactive tax claims now pose a serious threat. Cairn Energy has a freeze order on Indian government assets in Paris, and similar developments are possible in the US from actions by Cairn and Devas Multimedia. Are there ways to mitigate these threats and reputational damage? Objective analysis of the facts is advisable before deciding the balance of interest in choosing to continue as before, or to consider changes.

The issues go beyond the legitimacy of awards and India’s sovereign rights, to India’s exposure and its commercial implications. The country’s rights are not being questioned; the scrutiny