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Investment Protection in India
May 2, 2022 @ 10:00 - 11:00
Lalive – SICC Webinar on Investment Protection in India
The LALIVE-SICC webinar will provide an overview of the current status and future of investment treaty protection for Swiss investors in India, and address the international and domestic legal tools available to Swiss businesses to protect their activities and investments.
Introduction (Philippe M. Reich, SICC)
The status of treaty protection for Swiss investments in India (Lorette Giacometti, Lalive):
- The status of the Swiss-India BIT, which was terminated in 2016 by India, and the extent to which it continues to protect certain investments.
- The prospects of a new Swiss-India BIT, what it would most likely look like, and the extent of the protections it might provide for Swiss investments in India.
The protections available to foreign investors under Indian domestic law and practical tips for
arbitration proceedings in India (Sanjeev Kapoor of Khaitan & Co.):
- Protections for international investors from Switzerland under Indian domestic law.
- Current developments in Indian domestic law
The other ways in which Swiss Investors can seek to protect their investments and interests (Sam
Moss and Genevieve Poirier, Lalive):
- Careful contract drafting in general and dispute resolution clauses in particular (enforcement of the arbitration agreement; essential and optional elements of the arbitration agreement; how to avoid ‘pathological’ arbitration agreements; applicable law issues).
- The example of construction arbitration.
Conclusion and main Takeaways (Philippe M. Reich, SICC)