Publications

- Blog 14 April 2025
Bangladesh’s Regime Change – The India-Bangladesh BIT (2009) and the Joint Interpretative Notes (2017) (The American Review of International Arbitration (Blog))
In August 2024, a violent uprising in Bangladesh (dubbed the ‘Monsoon Revolution’) led to a political regime change, ending the fifteen-year term of Bangladesh’s previous Prime Minister. Taking stock of Bangladesh’s economy on priority, the new interim government (supported by the military and with constitutional approval by the Bangladeshi Supreme Court) recently issued a 400-page White Paper on the State of the Bangladesh…
- Insight 15 February 2025
Algorithmic Pricing — Competition Law and Data Protection
In January 2025, India’s Consumer Protection Authority issued notices to Ola and Uber on the allegation that these ride-sharing platforms were pricing services differentially based on the profile of the user — iPhones were charged higher than Android devices and (anecdotally) also variably based on a device’s remaining battery level. The question of processing user data extraneous to the relevant service is increasingly prominent in…
- Insight 4 February 2025
A definitive ruling on Seat and Venue (India Business Law Journal (Vol. 18, Issue 6) 2025)
Freedom to choose seats of arbitration is essential to party autonomy in international commercial arbitration. In Arif Azim Company Limited v Micromax Informatics FZE, the Supreme Court first upheld the parties’ rights to choose arbitral seats. It then applied the Shashoua principle to recognise a designated venue as the seat of arbitration, if a supranational set of rules accompanied it and there was no contrary…
- Insight 15 January 2025
Unilateral Sanctions: Outlook for Indian Businesses
There is increasing debate surrounding the unprecedented use of unilateral sanctions in recent years (e.g. by the US, the EU, Japan, China, and Russia) — specifically, their legality under international law (as countermeasures), legality under WTO law (as national security exceptions), their architecture and overall market-distorting effect, and investment protection and/or administrative disputes against (allegedly wrongful)…
- Insight 30 December 2024
Indian Courts — Protections for Foreign Businesses
A recent paper has undertaken a striking ‘first systemic analysis’ on whether developing country governments ‘treat foreign firms better, worse or the same as domestic firms’ and has concluded that ‘foreign firms tend to be treated at least as well by developing country governments as comparable domestic firms on average’ (see, Aisbett et al., Relative Treatment of Aliens: how level is the playing field for foreign firms in developing countries…