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Enforcing an investment treaty award in India—challenges and solutions (Vodafone v India)

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Published on: 15 October 2020

Published by a LexisNexis Arbitration expert

Table of contents

Vodafone award—challenge in Singapore
Enforcement of a treaty award in India—not an easy road
Do foreign investors have other options to enforce investment treaty awards against India?
Way forward for India

Article summary

Arbitration analysis: The Vodafone award could bolster investor confidence in initiating disputes under international investment agreements (IIAs) or bilateral investment treaties (BITs), against retrospective tax amendments or other government measures adopted by India. However, the ultimate destination of any arbitration proceeding is enforcement of the arbitral award. Kshama Loya Modani and Vyapak Desai of Nishith Desai Associates consider the implications.

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