State governments in India are pre-occupied with creating a favourable environment for attracting investment. But before opening doors to investors, they ought to be equally engrossed with preparing themselves for situations when investors, whether Indian or foreign, raise disputes. The dispute settlement mechanism being pushed in free trade agreements (FTAs) and bilateral investment treaties (BITs) is a marked shift from traditional adjudication processes.
Governments at the Centre and in the States must urgently invest in building their own capacity to…
It is not without reason that a session for the negotiation of trade rules is referred to as a round. It can go on in circular motion, sometimes with little or no substantive progress. So it may seem after the last round of talks on the Regional Comprehensive Economic Partnership (RCEP). For the sticky issues remain and the details of progress, if any, are not available to the public. CSOs often have to go around in circles seeking details.
By Kavaljit Singh | Briefing Paper # 19 | May 2017
Currently, there are no multilateral rules on international investment. But there is a concerted push by China, Brazil, Russia and Argentina to start formal discussions on a multilateral instrument on investment facilitation at the World Trade Organization (WTO). In the past few weeks, five proposals have been submitted to the General Council – the highest decision-making body of the WTO – to initiate discussions on a multilateral instrument on investment facilitation with the intention of possible deliverables at the…
The recently issued Banking Regulation (Amendment) Ordinance is perceived by many as a magic bullet to resolve the NPA crisis that has overtaken the banking sector in India. The Ordinance authorises the Reserve Bank of India (RBI) to initiate insolvency resolution in respect of a defaulting company under the Insolvency and Bankruptcy Code, 2016, to issue directions to banks to resolve their stressed assets and institute committees to “advise” banks on resolution of stressed assets.
In an unprecedented case, Eli Lilly initiated an amended investor-state-dispute-settlement (ISDS) claim against the government of Canada in 2013 after Canada’s highest courts upheld invalidations on new therapeutic use patents for two chemical compounds – olanzapine and atomoxetine, the active pharmaceutical ingredients of Strattera and Zyprexa respectively. The courts had ruled that Canada’s well established “promise utility doctrine” was not satisfied because the evidence provided by Eli Lilly at the time of its patent applications did not support the…
