The Cairn arbitration case has rekindled the debate on India’s retrospective tax laws, which permit authorities to investigate transactions from 2006, for the evasion of any capital gains tax. While the Government of India says it has the sovereign right to frame laws for preventing tax abuse, global corporate powerhouses argue that it is a violation of international principles. Speakers will deconstruct and argue the issue at the Synergia Round Table.
Focus areas of discussion:
- How to de-escalate tensions between the state and investors?
- Is a special legislation needed to resolve investor-state disputes?
- Should tax matters be excluded from arbitration under bilateral investment treaties?
- What framework can the government evolve to preventing tax abuse without dampening sentiment?