White Industries v. The Republic of India: A Tale of Treaty Shopping and Second Chances
Article from: TDM 4 (2012), in CILS - Biennial Symposium on International Arbitration and Dispute Resolution
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 ...