India's revised approach to bilateral trade now includes a three-year local remedy clause in the UAE pact which could impact future investment
India must reform its judicial system to enable faster dispute resolutions. This will help improve overall investor confidence and ease of doing business
The government on Monday said bilateral investment treaty (BIT) signed between India and the UAE has been enforced from August 31 this year. The BIT was signed on February 13 this year at Abu Dhabi, UAE, and it entered into force with effect from August 31, 2024, the finance ministry said. Enforcement of this pact with the UAE gives continuity of investment protection to investors of both the countries, as the earlier Bilateral Investment Promotion and Protection Agreement (BIPPA) between India and the UAE signed in December 2013 expired on September 12 this year. As per the treaty, the UAE investors must have to exhaust domestic remedies (for at least three years) before commencing arbitration under the BIT. The time period earlier was five years. The other key features of the pact included provisions of closed asset-based definition of investment with coverage of portfolio investment; treatment of investment with obligation for no denial of justice, no fundamental breach of due .
The Prime Minister's Office (PMO) has asked the commerce ministry to examine the model text of the bilateral investment treaty (BIT) and suggest modifications to further improve the ease of doing business, according to sources. The exercise assumes significance as only seven countries have accepted the existing model text treaty, and most of the developed nations have expressed their reservations on the text with regard to provisions like the resolution of disputes. These investment treaties help in protecting and promoting investments in each other's countries. These pacts are important as India has earlier lost two international arbitration cases against British telecom giant Vodafone and Cairn Energy plc of the UK over the retrospective levy of taxes. Sources said an internal discussion will be held on the model text of the treaty on Monday in the commerce ministry with experts and lawyers. "There will be a presentation in the meeting. We are having an internal discussion on th
India and the UAE on Tuesday signed the Bilateral Investment Treaty (BIT), which will be a key enabler for further promoting investments in both countries. Prime Minister Narendra Modi and UAE's President Sheikh Mohamed bin Zayed Al Nahyan leaders witnessed the exchange of the BIT. "This agreement will be a key enabler for further promoting investments in both countries," India's Ministry of External Affairs said in a statement. India has signed both a Bilateral Investment Treaty and a Comprehensive Economic Partnership Agreement with the UAE, the statement added. Earlier in the month, the Union Cabinet in New Delhi gave its approval for signing and ratification of BIT with the UAE. The BIT is aimed at improving the confidence of investors, especially big investors, resulting in a rise in foreign investments and overseas direct investment (ODI) opportunities. It is also likely to have a positive impact on employment generation. Besides increasing investments in India, the BIT wit
India must align its treaties with best global practices
Issues pertaining to the proposed bilateral investment treaty being negotiated between India and the UK along with a free trade agreement will figure prominently during the visit of a high-level team from Britain here, an official said. UK Secretary of State for Business and Trade Kemi Badenoch and Director General for Trade Negotiations at the Department for Business and Trade (DBT) Amanda Brooks are visiting India this week. Besides participating in the G20 Trade and Investment Ministerial Meeting in Jaipur on August 24-25, the UK minister will hold bilateral talks with Commerce and Industry Minister Piyush Goyal on August 26 here and review the progress of talks on the free trade agreement. The UK minister is also expected to meet Finance Minister Nirmala Sitharaman on various issues, including the bilateral investment treaty. Brooks would also meet senior officials of the department of economic affairs in the finance ministry, which is leading the negotiations on the investment
The Delhi High Court has set aside an arbitration award that asked Antrix to pay $562 mn to Devas
Several law firms representing interests of companies abroad hope this will happen soon
Payouts on account of BITs are like insurance payments that undergird foreign investment
The government sticking to its stand that bilateral investment treaties cannot override a nation's sovereign right to tax
India does not recognise the jurisdiction of any foreign court in a commercial dispute that questions the state's sovereign power to intervene
After unilaterally terminating pacts in 2016, India has pushed for individual deals based on Bilateral Investment Treaty
With the US going into its Presidential elections in November, both governments are being cautious
This has led to negotiations slowing down and signing of BITs, with India's major global partners taking more time than previously anticipated
First of new BITs likely with the US, Canada or Cambodia
Senior govt officials said that such agreement will ensure that states stick to the commitments that India guarantees foreign companies under Bilateral Investment Treaty