Originally from the Journal of Damages in International Arbitration

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AWARD, DECEMBER 21, 2020

The Parties
Cairn Energy PLC (Cairn Energy or CEP) and Cairn UK Holdings Limited (CUHL, collectively, the Claimants)
Republic of India (the Respondent)

Sector
Mining and Quarrying

Applicable Treaty
Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of India for the Promotion and Protection of Investments (the UK-India BIT or BIT)

Members of the Tribunal
Laurent Lévy (President), Stanimir A. Alexandrov (Claimants’ appointee), J. Christopher Thomas (Respondent’s appointee)

I.  BACKGROUND
This dispute concerns the application of certain tax measures by the Government of India to the Claimants’ corporate reorganiza¬tion transactions in 2006 (2006 Transactions).