NEW DELHI: India has written to 47 countries to nullify the existing bilateral investment agreements and ink fresh treaties<\/a> that will make it mandatory for foreign investors to exhaust local judicial remedies before seeking arbitration. 新德里:印度写了47个国家取消现有的双边投资协定和墨水新鲜条约这将强制要求外国投资者寻求仲裁前排气当地司法救济。
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\nThe Narendra Modi-led NDA government has prepared a model draft which will serve as the template for all investment agreements in the future and also for reworking the current ones.
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\n“We have written to 47 countries… Treaties that have completed 10 years will be allowed to be lapsed so that a new text can be negotiated,” a government official told ET.
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\nSome of the countries that India has written to are European nations with whom treaties were signed earlier. Treaties that have been signed recently such as one with the United Arab Emirates will continue with the existing text and be revised later, the official said.
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The Bilateral Investment Promotion Agreements (BIPA) seek to promote investment flows between two nations by assuring fair and equitable treatment on post-establishment basis through reciprocal provisions such as national treatment, most favoured nation treatment and mechanism for dispute resolution. The government amended the text after being dragged into international arbitration by as many as 17 companies or individuals including Deutsche Telekom of Germany, Vodafone International Holdings BV<\/a>, Sistema<\/a> of Russia, Children’s Investment Fund and TCI Cyprus Holdings. India even lost an international arbitration case involving White Industries of Australia.
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\nThe Union cabinet had approved the revised model text for the Bilateral Investment Treaty in December.
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\nThe revised model BIT will be used not just for the renegotiation of existing BITs and negotiation of future BITs but also investment chapters in Comprehensive Economic Cooperation Agreements, Comprehensive Economic Partnership Agreements and Free Trade Agreements.
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\nThe model BIPA prepared by India excludes matters such as government procurement, taxation, subsidies, compulsory licenses and national security from the scope of agreement.
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\nAlthough taxation matters were never covered by investment treaties the government decided to incorporate a specific provision after Vodafone served an arbitration notice challenging the retrospective amendment to income tax law to tax its buyout of Hutchison Essar’s telecom operations in 2007.\n\n<\/p><\/body>","next_sibling":[{"msid":52460276,"title":"Mphasis Q4 net profit declines 13% to Rs 155 crore","entity_type":"ARTICLE","link":"\/news\/mphasis-q4-net-profit-declines-13-to-rs-155-crore\/52460276","category_name":null,"category_name_seo":"telecomnews"}],"related_content":[],"msid":52460301,"entity_type":"ARTICLE","title":"India seeks fresh treaties with 47 nations","synopsis":"\u201cWe have written to 47 countries\u2026 Treaties that have completed 10 years will be allowed to be lapsed so that a new text can be negotiated,\u201d a government official said.","titleseo":"telecomnews\/india-seeks-fresh-treaties-with-47-nations","status":"ACTIVE","authors":[{"author_name":"Deepshikha Sikarwar","author_link":"\/author\/19483\/deepshikha-sikarwar","author_image":"https:\/\/etimg.etb2bimg.com\/authorthumb\/19483.cms?width=100&height=100&hid=268","author_additional":{"thumbsize":false,"msid":19483,"author_name":"Deepshikha Sikarwar","author_seo_name":"deepshikha-sikarwar","designation":"Editor","agency":false}}],"Alttitle":{"minfo":""},"artag":"ET Bureau","artdate":"2016-05-27 09:25:24","lastupd":"2016-05-27 09:27:17","breadcrumbTags":["Narendra Modi","industry","Sistema","treaties","Vodafone International Holdings BV"],"secinfo":{"seolocation":"telecomnews\/india-seeks-fresh-treaties-with-47-nations"}}" data-authors="[" deepshikha sikarwar"]" data-category-name="" data-category_id="" data-date="2016-05-27" data-index="article_1">
兰德Modi-led NDA政府已经准备了一个模型草案将作为未来所有的投资协议的模板和修改当前的。
“我们已经写入47个国家…条约已经完成了10年将允许失效,这样一个新的文本是可以协商的,”一位政府官员告诉等。
一些国家,印度已致信欧洲国家早些时候签署了条约。最近双方已签署的条约与阿拉伯联合酋长国等将继续与现有的文本和修改之后,这位官员说。
双边投资促进协议(BIPA)寻求促进两国之间的投资流动post-establishment基础上保证公平、公正处理通过互惠条款如国民待遇、最惠国待遇和争端解决机制。政府修改后的文本被拖入国际仲裁多达17公司或个人包括德国,德国电信沃达丰(Vodafone)国际控股BV,Sistema俄罗斯、儿童投资基金TCI塞浦路斯控股。印度甚至失去了一个国际仲裁案件涉及白色澳大利亚的产业。
联邦内阁批准了修正后的模型为12月双边投资条约文本。
修订后的模型将使用一些不仅对现有部分的谈判和协商未来的碎片还投资章全面经济合作协议,全面经济伙伴关系协定和自由贸易协定。
模型BIPA由印度不包括政府采购等问题时,税收、补贴、强制许可的范围和国家安全协议。
虽然没有税务事宜由政府决定将一个特定的投资条约规定沃达丰服务仲裁通知后挑战回顾所得税法修正案税收在2007年收购Hutchison Essar的电信业务。
NEW DELHI: India has written to 47 countries to nullify the existing bilateral investment agreements and ink fresh treaties<\/a> that will make it mandatory for foreign investors to exhaust local judicial remedies before seeking arbitration.
\n
\nThe Narendra Modi-led NDA government has prepared a model draft which will serve as the template for all investment agreements in the future and also for reworking the current ones.
\n
\n“We have written to 47 countries… Treaties that have completed 10 years will be allowed to be lapsed so that a new text can be negotiated,” a government official told ET.
\n
\nSome of the countries that India has written to are European nations with whom treaties were signed earlier. Treaties that have been signed recently such as one with the United Arab Emirates will continue with the existing text and be revised later, the official said.
\n
The Bilateral Investment Promotion Agreements (BIPA) seek to promote investment flows between two nations by assuring fair and equitable treatment on post-establishment basis through reciprocal provisions such as national treatment, most favoured nation treatment and mechanism for dispute resolution. The government amended the text after being dragged into international arbitration by as many as 17 companies or individuals including Deutsche Telekom of Germany, Vodafone International Holdings BV<\/a>, Sistema<\/a> of Russia, Children’s Investment Fund and TCI Cyprus Holdings. India even lost an international arbitration case involving White Industries of Australia.
\n
\nThe Union cabinet had approved the revised model text for the Bilateral Investment Treaty in December.
\n
\nThe revised model BIT will be used not just for the renegotiation of existing BITs and negotiation of future BITs but also investment chapters in Comprehensive Economic Cooperation Agreements, Comprehensive Economic Partnership Agreements and Free Trade Agreements.
\n
\nThe model BIPA prepared by India excludes matters such as government procurement, taxation, subsidies, compulsory licenses and national security from the scope of agreement.
\n
\nAlthough taxation matters were never covered by investment treaties the government decided to incorporate a specific provision after Vodafone served an arbitration notice challenging the retrospective amendment to income tax law to tax its buyout of Hutchison Essar’s telecom operations in 2007.\n\n<\/p><\/body>","next_sibling":[{"msid":52460276,"title":"Mphasis Q4 net profit declines 13% to Rs 155 crore","entity_type":"ARTICLE","link":"\/news\/mphasis-q4-net-profit-declines-13-to-rs-155-crore\/52460276","category_name":null,"category_name_seo":"telecomnews"}],"related_content":[],"msid":52460301,"entity_type":"ARTICLE","title":"India seeks fresh treaties with 47 nations","synopsis":"\u201cWe have written to 47 countries\u2026 Treaties that have completed 10 years will be allowed to be lapsed so that a new text can be negotiated,\u201d a government official said.","titleseo":"telecomnews\/india-seeks-fresh-treaties-with-47-nations","status":"ACTIVE","authors":[{"author_name":"Deepshikha Sikarwar","author_link":"\/author\/19483\/deepshikha-sikarwar","author_image":"https:\/\/etimg.etb2bimg.com\/authorthumb\/19483.cms?width=100&height=100&hid=268","author_additional":{"thumbsize":false,"msid":19483,"author_name":"Deepshikha Sikarwar","author_seo_name":"deepshikha-sikarwar","designation":"Editor","agency":false}}],"Alttitle":{"minfo":""},"artag":"ET Bureau","artdate":"2016-05-27 09:25:24","lastupd":"2016-05-27 09:27:17","breadcrumbTags":["Narendra Modi","industry","Sistema","treaties","Vodafone International Holdings BV"],"secinfo":{"seolocation":"telecomnews\/india-seeks-fresh-treaties-with-47-nations"}}" data-news_link="//www.iser-br.com/news/india-seeks-fresh-treaties-with-47-nations/52460301">
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