Bippa Agreement With India
In recent years, India has been involved in several disputes with foreign investors in which they have invoked the provisions of ISDS (ISDRs) which is included in the Bilateral Investment Support and Protection Agreements (BIPPAs - better known as bilateral investment contracts or BIT - to bring the host country before international arbitration tribunals. At the end of 2013, there were 14 disputes against India, the tenth of countries facing investment disputes. The separation of a separate investment protection agreement from the bilateral free trade agreement, officially known as the Large-Scale Trade and Investment Agreement (BTIA), currently under negotiation, will allow the investment protection pact to be signed, even if there is no progress on BTIA. On the second day of his visit to India, Nepalese Prime Minister Baburam Bhattarai met with Prime Minister Manmohan Singh, during which the issue of the ongoing peace process and the proposal to integrate Maoist fighters into the Nepalese army played a key role. At the end of the two-hour discussions, during which security cooperation also played a role, the two countries signed the three agreements. Integral in the treatment of investors is the "National Treatment" and the "Most Favoured Nation (MFN) Treatment. While the "National Treatment" clause promises the foreign investor that it will be treated "no less favourably" than domestic investors, the MFN notes that the foreign investor is "no less favourable" than investors from any third country. These provisions are intended to ensure non-discrimination, but the wording means that the government can offer higher incentives to the foreign investor than a domestic investor or a third country that does not have a GDPPA. In the interest of increased participation by Indian investors, the Centre must review the investor treatment provisions. The dispute between the Indian Space Exploration Organization and its commercial arm, Antrix Corporation, and Devas Group, a Mauritian-based company, is also resolved in the context of international arbitration, in accordance with UNCIR rules. The case was filed in 2012 and Devas referred to the PIBpa of MAURITI-Inde.
Deutsche Telecom, which owned 20% of Devas in 2013, submitted an additional arbitration case following the BIPPA GERMANY-India. In this case, it is an agreement between Antrix Corporation and the Devas Group to build two satellites that would have provided wireless multimedia services on the S-band spectrum. The government cancelled the agreement in 2011 after the air wave assessment was called into question in the agreement between Antrix and Devas. In addition, the government decided that the agreement was not in the interest of the country`s security. "Expropriation" is a critical element of BIPPA because it emphasizes the nature of the protection of foreign investors. Expropriation has traditionally been considered synonymous with the "nationalization" of a foreign company, but more recently the emphasis has been on "indirect expropriation," a term used in many circumstances.