Philip Morris v. Australia: A Big Win for Public Health

By Kavaljit Singh | Commentary | December 29, 2015

Tobacco giant Philip Morris lost a major international legal battle to reverse Australia’s tobacco plain packaging laws using the Australia-Hong Kong Investment Promotion and Protection Agreement (IPPA) of 1993. On December 17, 2015, a three-member arbitral tribunal at Permanent Court of Arbitration (PCA) issued an Award on Jurisdiction and Admissibility in connection to the…

India-africa summit

Joint Statement on Tenth WTO Ministerial Conference

By African and Indian CSOs | October 27, 2015

Following is the text of joint statement issued by African and Indian civil society organizations on the upcoming 10th Ministerial Conference of the WTO, which will take place during December 15-18, 2015 in Nairobi, Kenya. The statement was released on the occasion of the Third India-Africa Forum Summit held in New Delhi on October…


India-EU FTA: Time for a Fundamental Rethink?

By Kavaljit Singh | Commentary | October 7, 2015

India and EU would soon resume negotiations on the stalled India-EU free trade agreement. In a joint statement issued by Prime Minister Narendra Modi and German Chancellor Angela Merkel in New Delhi on Monday, both leaders expressed their “strong commitment to the EU-India Broad Based Trade and Investment Agreement and committed to bring about…

BIT article 5

Decoding India’s New Model BIT (V)

By Kavaljit Singh | Commentary | September 17, 2015

The new model BIT lay outs detailed procedural rules on the appointment of arbitrators, conduct of arbitral proceedings, transparency, award, costs and related matters. For instance, an early review mechanism has been introduced to prevent frivolous claims based on weak grounds. Further, to ensure arbitrators are impartial and free of any conflict of interest,…


Decoding India’s New Model BIT (IV)

By Kavaljit Singh | Commentary | August 21, 2015

India’s new model BIT contains binding obligations on investors concerning their conduct in the host state. The mandatory obligations on investors and home state were completely missing in the existing model as well as previously concluded BITs by India. This is a new approach adopted by India to address the balance of rights and…