Claimants' Response To India's Reply Dated 21st February 2017.pdf

Anil Chawla Law Associates LLP responded to Advocate R. Balasubramanian's reply dated 21st February 2017 regarding notices sent under the India-UAE BIPA. The law firm represents Strategic Infrasol Foodstuff LLC and The Joint Venture of Thakur Family Trust, UAE with Ace Hospitality Management DMCC, UAE. They stated that the reply was received after the expiry of the time period for responding to the Notice of Arbitration under UNCITRAL Rules, showing scant respect for international obligations. The firm emphasized that the notices were sent on behalf of the mentioned claimants, not M/s Thakur Family Trust (TFT) UAE, and corrected the erroneous impression conveyed in the subject of the reply. They also pointed out that the Government of India's response failed to satisfy the requirements of Article 4(1) of UNCITRAL Rules and was incomplete and defective. The law firm opposed the impression conveyed that the Government of India has the right to decide whether a matter is fit for arbitration under India-UAE BIPA, stating that this is not an adjudicating authority for an investment dispute. They also denied the allegations of "treaty shopping" and stated that the dispute arises from actions of organs of the Republic of India, making it covered by India-UAE BIPA. The firm provided para-wise responses to the reasons given in the reply, denying the conclusions and allegations made, and stated that the issues mentioned will need to be adjudicated upon by the Arbitration Panel.