This article discusses an Arbitral Tribunal’s award under a bilateral investment treaty in the Cairn case regarding India’s retrospective taxation of offshore indirect share transfers, including clauses on fair and equitable treatment and expropriation, and the concerns of the Indian government, noting the ongoing developments surrounding the case.
Citation: N.Jalan & A.Rao, The Cairn Arbitration Award: Retrospective Taxation of Indirect Share Transfers in India Breaches Bilateral Investment Treaty, Bulletin for International Taxation 2021 (Volume 75), No. 5 (11 May 2021)
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