1.1 Overview

1.1.1 This arbitration concerns a dispute over whether, and if so, the extent to which the Republic of India ("Respondent" or "India" or "the Republic") has breached its obligations to White Industries Australia Limited ("Claimant" or "White") arising under The Agreement Between the Government of Australia and the Government of the Republic of India on the Promotion and Protection of Investments, made in New Delhi on 6 February 1999 ("BIT"). Claimant alleges that Respondent has breached its obligations under Articles 3, 4, 7 and 9 of the BIT, as a result of which it has suffered loss and damage in the amount of A$8,769,469.07. Respondent denies each of the alleged breaches of the BIT and says, in addition, that the Tribunal does not have jurisdiction to hear this claim as Claimant is not an "investor" in India, and none of the "assets" on which it relies as constituting "investments" into India qualify as such under Article I of the BIT.