India

India

NO. Year of initiation Short case name Full case name Applicable IIA Arbitral rules Administering institution Summary Details of investment Outcome of original proceedings Respondent State Home State of investor Economic sector Economic subsector Arbitrators Amount claimed Amount awarded (or settled for) Breaches alleged Breaches found Decisions Individual opinions Follow-on proceeding type Follow-on proceeding status Follow-on decisions Follow-on individual opinions ICSID annulment committee members
1 2019 Kowepo v. India Korea Western Power Co v. India India - Korea, Republic of BIT (1996)

India - Korea, Republic of CEPA (2009)
Data not available Data not available Investment: Shareholding of 40% in Pioneer Gas Power Plant Limited (PGPL), the operator of a 388 MW project in the Raigad district in the Indian state of Maharashtra.

Summary:
Shareholding of 40% in Pioneer Gas Power Plant Limited (PGPL), the operator of a 388 MW project in the Raigad district in the Indian state of Maharashtra. Pending India Korea, Republic of Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply Data not available 400.00 mln USD Data not available Data not available Pending Data not available Data not available None None None None None
2 2017 Carissa v. India Carissa Investments LLC v. India India - Mauritius BIT (1998) UNCITRAL Data not available Investment:

Summary:
Pending India Mauritius Data not available Data not available Data not available 50.00 mln USD Data not available Data not available Pending None None None None None None None
3 2017 Nissan v. India Nissan Motor Co., Ltd. v. Republic of India (PCA Case No. 2017-37) India - Japan EPA (2011) UNCITRAL PCA Investment: 70 per cent share in Renault Nissan Automotive India Private Limited, a consortium that built an industrial automotive facility in Chennai, the capital of Tamil Nadu.

Summary: Claims arising out of non-payment of incentives by the Indian State government of Tamil Nadu, which had been allegedly promised to the claimant under the agreement for building of a car plant, signed with the State government in 2008.
70 per cent share in Renault Nissan Automotive India Private Limited, a consortium that built an industrial automotive facility in Chennai, the capital of Tamil Nadu. Pending India Japan Secondary: C - Manufacturing 29 - Manufacture of motor vehicles, trailers and semi-trailers Kalicki, J. E. - President

Hobér, K. - Unknown

Khehar, J. S. - Unknown
776.00 mln USD Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Umbrella clause
Pending Decision on Jurisdiction dated 29 April 2019 None Judicial review by national courts Pending (Judicial review by national courts) None None None
4 2017 Vodafone v. India (II) Vodafone Group Plc and Vodafone Consolidated Holdings Limited v. India (II) India - United Kingdom BIT (1994) UNCITRAL Data not available Investment: Ownership of an Indian telecoms company.

Summary: Claims arising out of a retrospective transaction tax imposed by the Government over claimants' acquisition of Indian-based Hutchison Whampoa telecoms business.
Ownership of an Indian telecoms company. Pending India United Kingdom Tertiary: J - Information and communication 61 - Telecommunications McLachlan, C. A. - President

Kaplan, N. - Claimant

Kohen, M. G. - Respondent
Data not available Data not available Data not available Pending None None None None None None None
5 2016 Astro and South Asia Entertainment v. India Astro All Asia Networks and South Asia Entertainment Holdings Limited v. India India - United Kingdom BIT (1994)

India - Mauritius BIT (1998)
UNCITRAL Data not available Investment: Investment in the Indian satellite TV company Sun Direct.

Summary: Claims arising out of an allegedly unfair and biased criminal investigation by the Government relating to the suspected bribery by the claimants of Indian government officials.
Investment in the Indian satellite TV company Sun Direct. Discontinued India United Kingdom

Mauritius
Tertiary: J - Information and communication 61 - Telecommunications Leaver, P. - Claimant

Moser, M. J. - President

Reed, L. - Respondent
Data not available Data not available Data not available Not applicable - settled or discontinued before decision on liability Awards dated 8 October 2018 None None None None None None
6 2016 RAKIA v. India Ras-AI-Khaimah Investment Authority v. India India - United Arab Emirates BIT (2013) UNCITRAL Data not available Investment: Shareholding in ANRAK Aluminium Ltd ("ANRAK"), an Indian company incorporated to establish and operate an alumina and aluminium refinery and smelter in the state of Andhra Pradesh in South India.

Summary: Claims arising out of the alleged non-fulfillment and subsequent cancellation of a memorandum of understanding signed in 2007 between the Government of the Indian state of Andhra Pradesh and the claimant. In the memorandum, the state government agreed to direct a state-owned mining company to supply bauxite to ANRAK, a company in the claimant held shares, in order for ANRAK to operate an alumina and aluminium refinery and smelter.
Shareholding in ANRAK Aluminium Ltd ("ANRAK"), an Indian company incorporated to establish and operate an alumina and aluminium refinery and smelter in the state of Andhra Pradesh in South India. Pending India United Arab Emirates Secondary: C - Manufacturing 24 - Manufacture of basic metals Hoffmann, L. - President

Rowley, J. W. - Claimant

Prasad, C. K. - Respondent
44.71 mln USD Data not available Data not available Pending None None None None None None None
7 2016 Strategic Infrasol and Thakur Family Trust v. India Strategic Infrasol Foodstuff LLC and The Joint Venture of Thakur Family Trust, UAE with Ace Hospitality Management DMCC, UAE v. India India - United Arab Emirates BIT (2013) UNCITRAL Data not available Investment: Investments in two real estate projects in Mumbai.

Summary: Claims arising out of the Government’s alleged non-investigation of allegations of forgery and criminal actions by the Indian construction company Shapoorji Pallonji Group. According to the claimants, the latter was initially the claimants’ co-developer of two real estate projects in Mumbai and then allegedly used forged documents to “maliciously” acquire control of the projects. Challenged measures also include the Government’s alleged seizure and confiscation of claimants’ bank deposits pursuant to a court order made against the claimants under money laundering legislation.
Investments in two real estate projects in Mumbai. Pending India United Arab Emirates Tertiary: L - Real estate activities 68 - Real estate activities Data not available Data not available Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Indirect expropriation

Full protection and security, or similar

Customary rules of international law
Pending None None None None None None None
8 2016 Vedanta v. India Vedanta Resources PLC v. India India - United Kingdom BIT (1994) UNCITRAL Data not available Investment: 59.9% shareholding in Cairn India Limited, one of the largest oil and gas exploration companies in India.

Summary: Claims arising out of a tax bill of approximately USD 3.29 billion, imposed by the Government on Cairn India Limited in 2015, for the alleged failure to pay taxes on capital gains arising from Cairn’s operations in 2006-2007.
59.9% shareholding in Cairn India Limited, one of the largest oil and gas exploration companies in India. Pending India United Kingdom Primary: B - Mining and quarrying 6 - Extraction of crude petroleum and natural gas Hwang, M. - President

Spigelman, J. - Claimant

McRae, D. M. - Respondent
3000.00 mln USD Data not available Data not available Pending None None None None None None None
9 2015 Cairn v. India Cairn Energy PLC and Cairn UK Holdings Limited v. The Republic of India (PCA Case No. 2016-7) India - United Kingdom BIT (1994) UNCITRAL Data not available Investment: Interests in subsidiary Cairn UK Holdings Limited and 10 per cent shareholding in Cairn India Limited (CIL), one of the largest oil and gas exploration companies in India.

Summary: Claims arising out of a draft assessment order issued by the Indian Income Tax Department addressed to the claimant’s subsidiary, Cairn UK Holdings Limited, in respect of fiscal year 2006/7 in the amount of USD 1.6 billion plus any applicable interest and penalties; and the alleged prohibition for the claimant to sell its 10 per cent shareholding in Cairn India Limited.
Interests in subsidiary Cairn UK Holdings Limited and 10 per cent shareholding in Cairn India Limited (CIL), one of the largest oil and gas exploration companies in India. Pending India United Kingdom Primary: B - Mining and quarrying 6 - Extraction of crude petroleum and natural gas Lévy, L. - President

Alexandrov, S. A. - Claimant

Thomas, J. C. - Respondent
1000.00 mln USD Data not available Data not available Pending None None None None None None None
10 2014 LDA v. India Louis Dreyfus Armateurs SAS v. The Republic of India (PCA Case No. 2014-26) France - India BIT (1997) UNCITRAL PCA Investment: Shareholding in a joint venture with Indian port operator ABG Infralogistics to implement a project aimed at the mechanisation of berths at Haldia in West Bengal.

Summary: Claims arising out of a series of measures by the Indian Government that allegedly prevented the effective implementation of a joint venture related to a port modernization project at Haldia, in the city of Kolkota, in which the claimant held stakes; including allegedly failing to provide protection and security to the project, and to obey court orders concerning the removal of equipment from the port.
Shareholding in a joint venture with Indian port operator ABG Infralogistics to implement a project aimed at the mechanisation of berths at Haldia in West Bengal. Decided in favour of State India France Tertiary: H - Transportation and storage 52 - Warehousing and support activities for transportation Kalicki, J. E. - President

Lew, J. D. M. - Claimant

Thomas, J. C. - Respondent
36.00 mln USD Data not available Full protection and security, or similar None - all claims dismissed at the merits stage Decision on Jurisdiction dated 22 December 2015

Award dated 11 September 2018
None None None None None None
11 2014 Vodafone v. India (I) Vodafone International Holdings BV v. India (I) (PCA Case No. 2016-35) India - Netherlands BIT (1995) UNCITRAL PCA Investment: Ownership of an Indian telecoms company.

Summary: Claims arising out of a retrospective transaction tax imposed by the Government over claimant's acquisition of Indian-based Hutchison Whampoa telecoms business.
Ownership of an Indian telecoms company. Pending India Netherlands Tertiary: J - Information and communication 61 - Telecommunications Fortier, L. Y. - Claimant

Lahoti, R. C. - Respondent (replaced)

Oreamuno Blanco, R. - Respondent

Berman, F. - President
Data not available Data not available Data not available Pending None None None None None None None
12 2013 Deutsche Telekom v. India Deutsche Telekom AG v. The Republic of India (PCA Case No. 2014-10) Germany - India BIT (1995) UNCITRAL PCA Investment: Indirect shareholding (20 per cent stake via a Singaporean subsidiary) in the Indian company Devas Multimedia, that had concluded contracts with Antrix -related to the Indian Space Research Organisation- for the launch and operation of two satellites.

Summary: Claims arising out of the Government's cancellation of a contract concluded with Devas, a company in which the claimant held interests, concerning the provision of broadband services to Indian consumers.
Indirect shareholding (20 per cent stake via a Singaporean subsidiary) in the Indian company Devas Multimedia, that had concluded contracts with Antrix -related to the Indian Space Research Organisation- for the launch and operation of two satellites. Pending India Germany Tertiary: J - Information and communication 61 - Telecommunications Kaufmann-Kohler, G. - President

Price, D. M. - Claimant

Stern, B. - Respondent
Data not available Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Full protection and security, or similar

Direct expropriation

Indirect expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims Interim Award dated 13 December 2017 None Judicial review by national courts Award/decision upheld (Judicial review by national courts) Judgment of the Swiss Federal Supreme Court dated 11 December 2018 (Judicial review by national courts) None None
13 2013 KHML v. India Khaitan Holdings Mauritius Limited v. India (PCA Case No. 2018-50) India - Mauritius BIT (1998) UNCITRAL PCA Investment: Minority shareholding (27 per cent) in Loop Telecom, a telecommunications company that held twenty one 2G licences in India.

Summary: Claims arising out of the cancellation by India's Supreme Court of a telecoms licence held by a company in which the claimant had invested, and its reassignment through a public auction process.
Minority shareholding (27 per cent) in Loop Telecom, a telecommunications company that held twenty one 2G licences in India. Pending India Mauritius Tertiary: J - Information and communication 61 - Telecommunications Xavier, F. - Claimant

Stern, B. - Respondent

McLachlan, C. A. - President
1400.00 mln USD Data not available Data not available Pending None None None None None None None
14 2012 Devas v. India CC/Devas (Mauritius) Ltd., Devas Employees Mauritius Private Limited, and Telcom Devas Mauritius Limited v. Republic of India (PCA Case No. 2013-09) India - Mauritius BIT (1998) UNCITRAL PCA Investment: Shareholding in Devas Multimedia Private Limited, an Indian company that had concluded a telecommunication contract with an Indian state entity under the control of the Indian Space Research Organization.

Summary: Claims arising out of the alleged Government's cancellation of an agreement to lease capacity in the S-Band, part of the electromagnetic spectrum, for claimants' subsidiary to launch two satellites to provide multimedia services to mobile users across India.
Shareholding in Devas Multimedia Private Limited, an Indian company that had concluded a telecommunication contract with an Indian state entity under the control of the Indian Space Research Organization. Pending India Mauritius Tertiary: J - Information and communication 61 - Telecommunications Lalonde, M. - President

Haigh, D. - Claimant

Orrego Vicuña, F. - Claimant (replaced)

Singh, A. D. - Respondent
1000.00 mln USD Data not available Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Most-favoured nation treatment

Arbitrary, unreasonable and/or discriminatory measures

Transfer of funds
Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims
Award on Jurisdiction and Merits dated 25 July 2016 Dissenting Opinion of David R. Haigh Judicial review by national courts Award/decision upheld (Judicial review by national courts) Judgment of the Hague District Court dated 14 November 2018 (Judicial review by national courts) None None
15 2012 Naumchenko and others v. India Maxim Naumchenko, Andrey Poluektov and Tenoch Holdings Limited v. The Republic of India (PCA Case No. 2013-23) India - Russian Federation BIT (1994)

Cyprus - India BIT (2002)
UNCITRAL PCA Investment: Majority shareholding in the Indian telecoms company ByCell India.

Summary: Claims arising out of the withdrawal by Indian authorities of an approval to grant frequency allocation licences to claimants' local telecoms company ByCell, after it had previously obtained clearance from India's Foreign Investment Board.
Majority shareholding in the Indian telecoms company ByCell India. Pending India Russian Federation

Cyprus
Tertiary: J - Information and communication 61 - Telecommunications Sepúlveda Amor, B. - President

Brower, C. N. - Claimant

Stern, B. - Respondent
400.00 mln USD Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Arbitrary, unreasonable and/or discriminatory measures
Pending None None None None None None None
16 2010 White Industries v. India White Industries Australia Limited v. The Republic of India Australia - India BIT (1999) UNCITRAL None Investment: Rights under certain contract concluded with a State-owned mining company, a bank guarantee and an ICC award rendered in White Industries' favour.

Summary: Claims arising out of alleged judicial delays by the Government of India that left the claimant unable to enforce an ICC award for over nine years concerning a contractual dispute with Coal India, a State-owned mining entity.
Rights under certain contract concluded with a State-owned mining company, a bank guarantee and an ICC award rendered in White Industries' favour. Decided in favour of investor India Australia Primary: B - Mining and quarrying 5 - Mining of coal and lignite Rowley, J. W. - President

Brower, C. N. - Claimant

Lau, C. - Respondent
8.70 mln AUD (8.80 mln USD) 4.10 mln AUD (4.10 mln USD) Indirect expropriation

Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Most-favoured nation treatment

Transfer of funds

Other
Most-favoured nation treatment

Other
Final Award dated 30 November 2011 None None None None None None
17 2004 ABN Amro v. India ABN Amro N.V. v. Republic of India India - Netherlands BIT (1995) UNCITRAL None Investment: Creditor of loans associated with the financing of the Dabhol energy project in Maharashtra, India.

Summary: Claims arising out of respondent's alleged failure to protect the investor's loans in the Dabhol combined cycle power plant project in India, the default of which resulted in significant losses to the claimant's financing of the failed project.
Creditor of loans associated with the financing of the Dabhol energy project in Maharashtra, India. Settled India Netherlands Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply Schreuer, C. H. - Unknown

Greenwood, C. - Unknown

Name not available - President
42.80 mln USD Non-pecuniary relief Data not available Not applicable - settled or discontinued before decision on liability Data not available Data not available Data not available Data not available Data not available Data not available Data not available
18 2004 ANZEF v. India ANZEF Ltd. v. Republic of India India - United Kingdom BIT (1994) UNCITRAL None Investment: Creditor of loans associated with the financing of the Dabhol energy project in Maharashtra, India.

Summary: Claims arising out of respondent's alleged failure to protect the investor's loans in the Dabhol combined cycle power plant project in India, the default of which resulted in significant losses to the claimant's financing of the failed project.
Creditor of loans associated with the financing of the Dabhol energy project in Maharashtra, India. Settled India United Kingdom Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply Schreuer, C. H. - Unknown

Greenwood, C. - Unknown

Name not available - President
42.80 mln USD Non-pecuniary relief Data not available Not applicable - settled or discontinued before decision on liability Data not available Data not available Data not available Data not available Data not available Data not available Data not available
19 2004 BNP Paribas v. India BNP Paribas v. Republic of India France - India BIT (1997) UNCITRAL None Investment: Creditor of loans associated with the financing of the Dabhol energy project in Maharashtra, India.

Summary: Claims arising out of respondent's alleged failure to protect the investor's loans in the Dabhol combined cycle power plant project in India, the default of which resulted in significant losses to the claimant's financing of the failed project.
Creditor of loans associated with the financing of the Dabhol energy project in Maharashtra, India. Settled India France Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply Schreuer, C. H. - Unknown

Greenwood, C. - Unknown

Name not available - President
42.80 mln USD Non-pecuniary relief Data not available Not applicable - settled or discontinued before decision on liability Data not available Data not available Data not available Data not available Data not available Data not available Data not available
20 2004 Credit Lyonnais v. India Credit Lyonnais S.A. (now Calyon S.A.) v. Republic of India France - India BIT (1997) UNCITRAL None Investment: Creditor of loans associated with the financing of the Dabhol energy project in Maharashtra, India.

Summary: Claims arising out of respondent's alleged failure to protect the investor's loans in the Dabhol combined cycle power plant project in India, the default of which resulted in significant losses to the claimant's financing of the failed project.
Creditor of loans associated with the financing of the Dabhol energy project in Maharashtra, India. Settled India France Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply Schreuer, C. H. - Unknown

Greenwood, C. - Unknown

Name not available - President
42.80 mln USD Non-pecuniary relief Data not available Not applicable - settled or discontinued before decision on liability Data not available Data not available Data not available Data not available Data not available Data not available Data not available
21 2004 Credit Suisse v. India Credit Suisse First Boston v. Republic of India India - Switzerland BIT (1997) UNCITRAL None Investment: Creditor of loans associated with the financing of the Dabhol energy project in Maharashtra, India.

Summary: Claims arising out of respondent's alleged failure to protect the investor's loans in the Dabhol combined cycle power plant project in India, the default of which resulted in significant losses to the claimant's financing of the failed project.
Creditor of loans associated with the financing of the Dabhol energy project in Maharashtra, India. Settled India Switzerland Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply Schreuer, C. H. - Unknown

Greenwood, C. - Unknown

Name not available - President
42.80 mln USD Non-pecuniary relief Data not available Not applicable - settled or discontinued before decision on liability Data not available Data not available Data not available Data not available Data not available Data not available Data not available
22 2004 Erste Bank v. India Erste Bank Der Oesterreichischen Sparkassen AG v. Republic of India Austria - India BIT (1999) UNCITRAL None Investment: Creditor of loans associated with the financing of the Dabhol energy project in Maharashtra, India.

Summary: Claims arising out of respondent's alleged failure to protect the investor's loans in the Dabhol combined cycle power plant project in India, the default of which resulted in significant losses to the claimant's financing of the failed project.
Creditor of loans associated with the financing of the Dabhol energy project in Maharashtra, India. Settled India Austria Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply Data not available 42.80 mln USD Non-pecuniary relief Data not available Not applicable - settled or discontinued before decision on liability Data not available Data not available Data not available Data not available Data not available Data not available Data not available
23 2004 Offshore Power v. India Offshore Power Production C.V., Travamark Two B.V., EFS India-Energy B.V., Enron B.V., and Indian Power Investments B.V. v. Republic of India India - Netherlands BIT (1995) UNCITRAL None Investment: Majority shareholding, through subsidiary company, of the Indian Dabhol Power Company.

Summary: Claims arising out of respondent alleged failure to protect claimants' investment in the Dabhol power plant project in India, which resulted in significant losses to the claimants' financing of the failed project.
Majority shareholding, through subsidiary company, of the Indian Dabhol Power Company. Settled India Netherlands Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply Lalonde, M. - Unknown

Cooke, L. - Unknown

Name not available - President
4000.00 mln USD Non-pecuniary relief Data not available Not applicable - settled or discontinued before decision on liability Data not available Data not available Data not available Data not available Data not available Data not available Data not available
24 2004 Standard Chartered Bank v. India Standard Chartered Bank v. Republic of India India - United Kingdom BIT (1994) UNCITRAL None Investment: Creditor of loans associated with the financing of the Dabhol energy project in Maharashtra, India.

Summary: Claims arising out of respondent's alleged failure to protect the investor's loans in the Dabhol combined cycle power plant project in India, the default of which resulted in significant losses to the claimant's financing of the failed project.
Creditor of loans associated with the financing of the Dabhol energy project in Maharashtra, India. Settled India United Kingdom Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply Schreuer, C. H. - Unknown

Greenwood, C. - Unknown

Name not available - President
42.80 mln USD Non-pecuniary relief Data not available Not applicable - settled or discontinued before decision on liability Data not available Data not available Data not available Data not available Data not available Data not available Data not available
25 2003 Bechtel v. India Bechtel Enterprises Holdings, Inc. and GE Structured Finance (GESF) v. The Government of India India - Mauritius BIT (1998) UNCITRAL None Investment: Shareholding in local corporations established to operate the Dabhol power project in the state of Maharashtra, India.

Summary: Claims arising out of an alleged reversal in the energy policy of the local government between the beginning of the power project in which the claimants invested and its intended consummation, as a result of political change in the Government.
Shareholding in local corporations established to operate the Dabhol power project in the state of Maharashtra, India. Settled India Mauritius Tertiary: D - Electricity, gas, steam and air conditioning supply 35 - Electricity, gas, steam and air conditioning supply Data not available 1200.00 mln USD 160.00 mln USD Data not available Not applicable - settled or discontinued before decision on liability Data not available Data not available None None None None None
NO. Year of initiation Short case name Full case name Applicable IIA Arbitral rules Administering institution Summary Details of investment Outcome of original proceedings Respondent State Home State of investor Economic sector Economic subsector Arbitrators Amount claimed Amount awarded (or settled for) Breaches alleged Breaches found Decisions Individual opinions Follow-on proceeding type Follow-on proceeding status Follow-on decisions Follow-on individual opinions ICSID annulment committee members
1 2018 Khadamat v. Saudi Arabia Khadamat Integrated Solutions Private Limited (India) v. The Kingdom of Saudi Arabia (PCA Case No. 2019-24) India - Saudi Arabia BIT (2006) UNCITRAL PCA Investment:

Summary:
Pending Saudi Arabia India Data not available Data not available Schwartz, E. - President

Ferrari, F. - Claimant

Knieper, R. - Respondent
Data not available Data not available Data not available Pending Data not available Data not available None None None None None
2 2018 Simplex v. Libya Simplex Projects Ltd. v. Libya India - Libya BIT (2007) Data not available Data not available Investment: Investments in the construction of 2,000 residential housing units and related infrastructure in Libya under a contract with the Government.

Summary: Claims arising out of the suspension of the claimant’s operations due to civil unrest in Libya since February 2011, after the claimant had been awarded a contract by the Government for a housing development project and started construction activities in 2009.
Investments in the construction of 2,000 residential housing units and related infrastructure in Libya under a contract with the Government. Pending Libya India Tertiary: F - Construction 41 - Construction of buildings Name not available - President

Name not available - Claimant

Name not available - Respondent
Data not available Data not available Data not available Data not available Data not available Data not available None None None None None
3 2017 Aggarwal and others v. Bosnia and Herzegovina Naveen Aggarwal, Neete Gupta, and Usha Industries, Inc. v. Bosnia and Herzegovina Bosnia and Herzegovina - India BIT (2006) UNCITRAL Data not available Investment: Majority shareholding in Krajina osiguranje a.d. Banja Luka (“Krajina”), a local partly State-owned insurance company.

Summary: Claims arising out of the alleged freeze of the claimants’ shareholding in the insurance company Krajina and other actions allegedly taken by Bosnian regulatory agencies to prevent the claimants from exercising their majority ownership rights in Krajina, after the claimants had accused the Bosnian authorities of fraudulent misrepresentations in the offering prospectus on which they had relied when purchasing the shares.
Majority shareholding in Krajina osiguranje a.d. Banja Luka (“Krajina”), a local partly State-owned insurance company. Pending Bosnia and Herzegovina India

United States of America
Tertiary: K - Financial and insurance activities 65 - Insurance, reinsurance and pension funding, except compulsory social security Hanotiau, B. - President

Laird, I. A. - Claimant

Cremades, B. M. - Respondent
40.00 mln USD Data not available Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

National treatment

Most-favoured nation treatment

Indirect expropriation
Pending None None None None None None None
4 2017 Binani v. North Macedonia Gokul Das Binani and Madhu Binani v. Republic of North Macedonia (PCA Case No. 2018-38) India - North Macedonia (2008) UNCITRAL PCA Investment: Concessions to mine lead and zinc held by a local subsidiary, Indo Minerals & Metals, part of the Binani Group of Industries.

Summary: Claims arising out of the Government’s alleged expropriation of the claimants’ mining concessions and their reassignment to another company by auction.
Concessions to mine lead and zinc held by a local subsidiary, Indo Minerals & Metals, part of the Binani Group of Industries. Pending North Macedonia India Primary: B - Mining and quarrying 7 - Mining of metal ores Adekoya, O. - President

Volterra, R. - Claimant

Stern, B. - Respondent
Data not available Data not available Data not available Pending None None None None None None None
5 2015 IMFA v. Indonesia Indian Metals & Ferro Alloys Ltd v. Republic of Indonesia (PCA Case No. 2015-40) India - Indonesia BIT (1999) UNCITRAL PCA Investment: Coal mining concession.

Summary: Claims arising out of alleged overlaps between the claimants’ coal mining permits and those of other companies, resulting in conflicting rights to mine coal in the same territory.
Coal mining concession. Decided in favour of State Indonesia India Primary: B - Mining and quarrying 5 - Mining of coal and lignite Kaplan, N. - President

Spigelman, J. - Claimant

Sornarajah, M. - Respondent
7700000.00 mln IDR (559.00 mln USD) Data not available Data not available None - all claims dismissed at the merits stage Award dated 29 March 2019 None None None None None None
6 2014 Flemingo DutyFree v. Poland Flemingo DutyFree Shop Private Limited v. Republic of Poland India - Poland BIT (1996) UNCITRAL PCA Investment: Indirect 80.68% shareholding in BH Travel Retail Poland Sp. z o.o. (“BH Travel”), which held certain lease agreements for retail stores at Warsaw Chopin Airport.

Summary: Claims arising out of the Polish Airports State Enterprise’s termination of lease agreements for retail stores at Warsaw Chopin Airport entered into with BH Travel, a duty-free operator in which the claimant held indirect interests.
Indirect 80.68% shareholding in BH Travel Retail Poland Sp. z o.o. (“BH Travel”), which held certain lease agreements for retail stores at Warsaw Chopin Airport. Decided in favour of investor Poland India Tertiary: G - Wholesale and retail trade; repair of motor vehicles and motorcycles 47 - Retail trade, except of motor vehicles and motorcycles van Houtte, H. - President

Townsend, J. M. - Claimant

Kühn, W. - Respondent
81.60 mln EUR (91.10 mln USD) 17.90 mln EUR (20.00 mln USD) Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Indirect expropriation
Fair and equitable treatment/Minimum standard of treatment, including denial of justice claims

Indirect expropriation
Award dated 12 August 2016 None None None None None None
7 2006 Sancheti v. UK Ashok Sancheti v. United Kingdom India - United Kingdom BIT (1994) UNCITRAL None Investment: Lease of a commercial space owned by the city of London.

Summary: Claims arising out of the increase in the rent price for the investor's lease of a commercial space owned by the city of London.
Lease of a commercial space owned by the city of London. Data not available United Kingdom India Tertiary: N - Administrative and support service activities 77 - Rental and leasing activities Rezek, F. - President

Banerjee, U. C. - Claimant

Reisman, W. M. - Respondent

Lowe, V. - Respondent (replaced)
Data not available Data not available Data not available Data not available Data not available Data not available None None None None None
8 2000 Sancheti v. Germany Ashok Sancheti v. Germany Germany - India BIT (1995) Data not available Data not available Investment: Data not available

Summary: Data not available
Data not available Settled Germany India Data not available Data not available Data not available Data not available Data not available Data not available Not applicable - settled or discontinued before decision on liability Data not available Data not available Data not available Data not available Data not available Data not available Data not available