RE: CNE12 Mar 2019 16:46
Maybe, no-one, no-one, no, imo is the answer to those questions, Love_You.
My understanding is that India are participating in the Arbitration because they have to under the dispute provisions in the Treaty, or to hedge their bets. However, their position is that domestic tax law overrides the treaty, so don't necessarily accept the tribunal's locus to rule on tax. How would India react to a substantial award to Cairn? You'd think if they had any sense they'd do what londoner7 says for the reasons he says, but I don't share his confidence sadly. It might depend on appetite for, and policy towards, foreign investment at the time of the award. Prising $1bn+ out of their hands won't be easy whatever the circumstances though, that's for sure. Ultimately if they won't pay up for whatever reason, I agree there'll be jack sh*t Cairn can do about it," internationally enforceable" or not.
This has got a long way to run unfortunately imo, unless they do a deal. Still can't believe this award decision seems to have been put back to not before late 2019, when we thought we were on the cusp of getting it. Ffs, this could go into the next decade. Get tf on with it.