Category : Commentary

Remodeling India’s Investment Treaty Regime

By Kavaljit Singh & Burghard Ilge | Commentary | July 18, 2016

On July 6, 2016, the Dutch government announced that it has received an official notification from Indian authorities seeking termination of the bilateral investment protection treaty (BIT) signed between the Netherlands and India in 1995. The Netherlands is not the only country which has received notice of termination. India has recently served similar termination notices to as many as 57 countries (including the UK, France, Germany, Spain and Sweden) with whom the initial duration of the treaty has…

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Brexit: What Happens Next?

By Kavaljit Singh | Commentary | June 24, 2016

Britain has voted to leave the European Union. In a referendum held on Thursday (June 23), close to 52 per cent of Britons favored leaving the EU. The referendum results reveal that the arguments put forward by Brexiters found greater resonance with the sentiments of ordinary people than the ones put forward by pro-European camps, the establishment and world leaders.

Before the polls closed, the UK’s political establishment was expecting that overwhelming voters would vote to stay in the EU….

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Reforming the Direct Tax Reforms in India

By Kavaljit Singh | Commentary | May 6, 2016

On  April 29, 2016, India’s income tax department released tax statistics after a gap of almost 16 years. Till 2000, the tax department used to publish All India Income Tax Statistics but the publication was discontinued for some unknown reasons. No explanations were given by the authorities for the discontinuation of this publication despite numerous demands made for its release by Indian economists and researchers.

According to media reports, the government released this data after French economist Thomas Piketty, author of…

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Rethinking Bilateral Investment Treaties: Critical Issues and Policy Choices

Press Release | March 16, 2016

A spate of mega-regional trade agreements with strong investment protection standards have been recently concluded or are currently under negotiations. The TPP (Transpacific Partnership) and TTIP (Transatlantic Trade and Investment Agreement) are prime examples of this growing trend. Way back in 1959, Germany and Pakistan signed the first Bilateral Investment Treaty (BIT) in the world. Without knowing, they marked a new era as many countries have followed their example since then. Currently, the international legal system that governs international…

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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 case between Philip Morris Asia Limited and Australia.

The full text of tribunal’s Award is yet to be made public but media reports confirm that the…

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