White Industries woke up India to the realities of Investment Treaty Arbitrations (“ITA”) during the end of 2011. Today, India has one of the highest number of ITA claims pending against it. The Government of India felt the need to have a new Model BIT to renegotiate existing treaties and to use it as a…

India lost its first Investment Treaty Arbitration (ITA) claim in 2012 against White Industries, an Australian company. Taking cue from the White Industries case, (read more on it here) around 17 fresh ITAs have been filed against India in last two years. Beleaguered with these claims, a new model BIT is being considered by the…

The Law Commission of India under the chairmanship of Justice AP Shah had constituted an expert committee to work on the 246th Report on “Amendment to the Arbitration and Conciliation Act, 1996” which was recently submitted to the Government of India. In this piece, Ashutosh Ray, who was a part of the expert committee, covers…

and Sapna Jhangiani, Clyde & Co. and Joseph P. Matthews J.D., University of Miami School of Law for Young Arbitration Practitioners It has been some time since the White Industries Australia Limited v Republic of India judgment was rendered against India in 2011. However, there remain several interesting aspects of the case still not widely…