Public International Law Notes

English Court of Appeal confirms New York Convention ratification does not waive state immunity in enforcement proceedings

German Federal Court of Justice confirms that findings of Achmea do not extend to investment arbitrations under extra-EU BITs

The German Federal Court of Justice (Bundesgerichtshof – "BGH") recently allowed the enforcement of an arbitral award rendered in Deutsche Telekom v. …

MAINLAND CHINA, HONG KONG AND MACAU TO APPLY COMMERCIAL EXCEPTION TO STATE IMMUNITY

The PRC has passed a new Foreign State Immunity Law which will apply the "restrictive" approach to foreign state immunity with effect from 1 January …

UN business and human rights treaty negotiations continue: one step forward, two steps back?

PCA TRIBUNAL FINDS INDIA IN BREACH OF TREATY IN VODAFONE TAX DISPUTE

English Court finds that the foreign act of state doctrine may apply to arbitration proceedings

In the decision of Reliance Industries Limited & Ors v The Union of India [2018] EWHC 822 (Comm) the English Commercial Court (the Court) considered …

Mixed messages to investors as India quietly terminates bilateral investment treaties with 58 countries

The Government of India says it has sent notices to terminate bilateral investment treaties (BITs) with 58 countries, including 22 EU countries.  It …

India and Brazil conclude negotiations of Bilateral Investment Treaty

As previously noted in April 2015, India amended its model bilateral investment treaty (the Indian Model BIT) and has reportedly been deploying it in …

1974 India Bangladesh Land Boundary Agreement enters into force and ends long-running boundary issues

On 6 June 2015, the 1974 India Bangladesh Land Boundary Agreement entered into force, following the exchange of instruments of ratification by Prime …

Head of India Arbitration Practice, Nick Peacock, comments on India's draft Model BIT 2015 for CNBC TV18's "The Firm"

As reported in our recent blog post here, India has recently released a draft  “Model Text for the Indian Bilateral Investment Treaty” (“Model …

Indian Government seeks comments on a proposed draft Model Text for the Indian Bilateral Investment Treaty

The Government of India ("GOI") has recently published a draft "Model Text for the Indian Bilateral Investment Treaty" ("Model BIT"), which is understood …

Recent Developments in India-related international arbitration

Herbert Smith Freehills has issued the latest edition of its Indian international arbitration e-bulletin. This issue considers some significant decisions …