Summary

In late 2009, an Australian mining company, White Industries Ltd. ("White" or "the Claimant"), commenced an UNCITRAL arbitration with the seat in Singapore against India under the Australia-India BIT ("the BIT"). White complained of a failure by the Indian courts to enforce an ICC award rendered in its favor in 2002 in a commercial arbitration between White and its local partner, Coal India Limited ("Coal India"), an Indian state-owned company. White had been trying to enforce the ICC award in India for almost a decade, but to no avail. Eventually White decided to initiate ...