RE: Nice to read :)11 Mar 2024 16:46
Our case is being raised under the provisions of the India-Australia BIT, which was shut down by India in 2017.
"The Australia-India BIT signed on 26 February 1999 was terminated relatively recently, on 23 March 2017. However, in accordance with Article 17(3) of the treaty, certain provisions of the Australia-India BIT will continue to be effective for a period of 15 years from the date of termination, i.e. until 23 March 2032"
https://www.dfat.gov.au/trade/investment/australias-bilateral-investment-treaties
It states that the initial arbitrators should be determined within two months of the notice, then one more month for the third arbitrator.
Let us hope that India sticks to those time limits. If not, it needs to be escalated, taking further time.
I don't think there are any time limits in the BIT for the tribunal unfortunately. India has also changed their laws pertaining to international cases in 2015, 2019 and 2021. I haven't gone though those in detail yet.
The main positive for me is that LCM are confident we can win.