The significance of bilateral investment treaties as a valuable tool for investors to protect their assets and investment has been highlighted following the recent dispute between Cairn energy and the Indian government. From the institution of the arbitration to the making of the award and its eventual enforcement, this dispute has offered some valuable insights. Firstly, it highlights the importance of the bedrock principle of fair and equitable treatment to investors to protect their assets and investment. Secondly, the approach of the arbitral tribunals must be noted while dealing with issues raised by the state regarding non-arbitrability of tax issues. Lastly, it sheds light on the issues faced by an investor while seeking to enforce an award.

For further information on this topic please contact or Anushka Sharda at Khaitan & Co by telephone (+91 11 4151 5454) or email ([email protected]). The Khaitan & Co website can be accessed at