[Part-I] Philip Morris v. Uruguay- Indirect Expropriation, Police Power, Trademarks and More.

The arbitral tribunal of Prof. Piero Bernardini (President), Mr. Gary Born, Judge Prof. James Crawford in Philip Morris v. Oriental Republic of Uruguay (ICSID Case No. Arb/10/7) has finally ruled on merits, dismissing the claims presented by Philip Morris (“PM”) and awarding costs to the tune of US$ 7 million to Uruguay. This award will have huge implications on the tobacco industry and countries like India who are seeking to regulate tobacco consumption through plain packaging measures as it was reportedly the first time a tobacco group had taken on a country for its anti-tobacco laws. Many are characterising Uruguay’s victory as something that will change the world.  In this post, I will only focus on the claim of expropriation and the other claims of denial of justice, fair and equitable treatment and impairment of use and enjoyment of investments will be discussed in subsequent posts. Read More »

EU-Turkey Refugee Deal: Brewing Trouble over International Waters

By Karandeep Singh*  and Aashish Yadav**

The objective of the EU-Turkey refugee deal which came into effect on 20th March 2016 is applicable only to Syrian refugees. Since then, the official asylum channels to Europe for non-Syrians have been entirely cut off. As a result, tensions have been running high in the refugee camps in Greece as migrants are unsure about their future. There have been multiple reports of scuffles breaking out between Syrians and non-Syrians.
Read More »

India files complaint against USA at WTO over visa fee hike

wto_india_usa_visa_fee_hike_case_analysisIndia has formally initiated a WTO dispute proceeding against the United States over the increased visa fees for two categories of non-immigrant temporary working visas into the US, and measures relating to numerical commitments for some visas ,as per the announcement on the WTO website here.

On 3 March 2016, India notified the WTO Secretariat that it has initiated a WTO dispute proceeding against the United States regarding measures imposing increased fees on certain applicants for two categories of non-immigrant temporary working visas into the US, and measures relating to numerical commitments for some visas. According to India, the measures appear to be inconsistent with US commitments under the General Agreement on Trade in Services.Read More »