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Protection of Foreign Investment in India and Investment Treaty Arbitration

Author: Aniruddha Rajput

Publisher: Kluwer Law International B.V.

Published: 2016-04-24

Total Pages: 248

ISBN-13: 904118614X

India is one of the fastest growing economies and intends to achieve the desired growth with the help of foreign investment. Recently, India terminated all the existing Bilateral Investment Treaties (BITs) and announced to renegotiate them based on the newly issued Model BIT. This book is the first comprehensive commentary and analyses of international investment law with focus on India. It offers detailed examination of India’s legal position in relation to protection of foreign investment and the impact of investment treaty arbitration and related jurisprudence on the country’s governance structures and regulatory framework. Additionally, it reflects upon the political and economic rationales for the policy on foreign investment. Among the matters discussed are the following: • jurisprudence of investment tribunals, with focus on cases where India was a party (White Industries v. India); • impact of the Make in India campaign and other reforms on foreign investment; • requirement of valid entry and operation of foreign investment; • prominent treatment standards such as expropriation, fair and equitable treatment, full protection and security, most favoured nation, and national treatment; • dispute resolution clauses and enforcement of investment arbitration awards; • interaction of protection of foreign investment and the Indian judiciary; and • reasons for India not joining the ICSID Convention. Given India’s position as a hugely influential player in the cross-border movement of capital, with the willingness to ‘change the rules’ on foreign investment and investment treaty arbitration worldwide, this book will prove of immeasurable value to practitioners, legal academics, interested policy makers, multinational corporations and their counsel and others interested in international investment law and India.

India and Bilateral Investment Treaties

Author: Prabhash Ranjan

Publisher: Oxford University Press

Published: 2019-04-24

Total Pages: 414

ISBN-13: 0199097070

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As a consequence of being sued by more than 20 foreign investors, India terminated close to 60 investment treaties and adopted a new Model Bilateral Investment Treaty (BIT) purportedly to balance investment protection with the host State’s right to regulate. This book is a critical study of India’s approach towards BITs and traces their origin, evolution, and the current state of play. It does so by locating them in India’s economic policy in general and policy towards foreign investment in particular. India’s approach towards BITs and policy towards foreign investment were consistent with each other in the periods of economic nationalism (1947–1990) and economic liberalism (1991–2010). However, post 2010, India’s approach to BITs has become protectionist while India’s foreign investment policy continues to be liberal. To balance investment protection with the State’s right to regulate, India needs to evolve its BIT practice based on the twin framework of international rule of law and embedded liberalism.

International Investment Treaties and Arbitration Across Asia

Author: Julien Chaisse

Publisher: BRILL

Published: 2018-02-05

Total Pages: 725

ISBN-13: 9004360107

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International Investment Treaties and Arbitration Across Asia examines whether and how the Asian region has or may become a significant ‘rule maker’ in contemporary international investment law and dispute resolution, focusing on the ‘ASEAN+6’ economies.

Investment Arbitration. A plausible mechanism to sustain FDI in India

Author: Sahastranshu Singh

Publisher: GRIN Verlag

Published: 2020-05-12

Total Pages: 68

ISBN-13: 3346164551

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Seminar paper from the year 2020 in the subject Law - Public Law / Miscellaneous, , language: English, abstract: This paper talks about the existing scenario of Investor-State Dispute Settlement and its changing paradigm. In this era of increasing globalization and increasing cross-border trade, inter-state investments are growing steadily and along with it disputes between the investor and its host states. This is where Investment Arbitration comes in as a solution to afford the investors' protection from any decision or policy that may be adverse to their interests. Herein, I argue that a robust system of investment arbitration set up with the help of co-operation between two states may provide a conducive environment for more cross border investment and thus more FDI.

Balancing the Protection of Foreign Investors and States Responses in the Post-Pandemic World

Author: Yulia Levashova

Publisher: Kluwer Law International B.V.

Published: 2022-05-11

Total Pages: 356

ISBN-13: 9403533714

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The COVID-19 pandemic has brought the debate on reform of the international investment agreement regime to the fore with renewed force. In this important and timely book, top professionals in the field collectively offer an in-depth investigation of the measures that States have taken, or failed to take, to deal with the pandemic’s consequences and whether these actions or inactions can be construed as investment arbitration risks. In an extensive overview of the impact of COVID-19 on States and investors – including perspectives from UNCTAD, the European Union, the United States, Russia, India, South Korea and the African Union – this comprehensive guide on State defences and investor protection mechanisms tackles such aspects of the debate as the following as affected by the pandemic: treatment of investors in times of pandemic and in the post-pandemic world; sufficient contribution to the economic development of the host State; disparities in bargaining power; and use of ‘pandemic power’ to accord preferential treatment. The final part of the book is dedicated to analysing case studies from around the world in the context of the pandemic and investor-State disputes. Understanding the way public health emergencies can shape international investment law is key to building a sustainable, stable investment environment. As the first detailed study of the post-pandemic development of investment law, this matchless collection takes a giant step toward reconciling the interests of foreign investors and sovereign States at various stages of economic development. With practical recommendations for both States and investors, it will be of immeasurable assistance to practitioners, policymakers, and academics in anticipating and dealing not only with COVID-related measures but also with similar future contingencies.

Public Actors in International Investment Law

Author: Catharine Titi

Publisher: Springer Nature

Published: 2021

Total Pages: 205

ISBN-13: 3030589161

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This open access book focuses on public actors with a role in the settlement of investment disputes. Traditional studies on actors in international investment law have tended to concentrate on arbitrators, claimant investors and respondent states. Yet this focus on the "principal" players in investment dispute settlement has allowed a number of other seminal actors to be neglected. This book seeks to redress this imbalance by turning the spotlight on the latter. From the investor's home state to domestic courts, from sub-national governments to international organisations, and from political risk insurance agencies to legal defence teams in national ministries, the book critically reviews these overlooked public actors in international investment law.

Investment Protection in Southeast Asia

Author: Loretta Malintoppi

Publisher: BRILL

Published: 2016-10-05

Total Pages: 462

ISBN-13: 9004335250

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Investment Protection in Southeast Asia: A Country-by-Country Guide on Arbitration Laws and Bilateral Investment Treaties is a vital reference guide to investment protection in the region, providing succinct answers to the main questions that investors may consider in connection with investments in a given jurisdiction. Each country chapter covers arbitral legislation and institutions in the country, investment-related domestic laws, an analysis of its bilateral investment treaties, and a summary of investment cases involving the relevant State or its investors.

Substantive Protection under Investment Treaties

Author: Jonathan Bonnitcha

Publisher: Cambridge University Press

Published: 2014-08-14

Total Pages: 435

ISBN-13: 1107042410

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This book seeks to determine the level of substantive protection that investment treaties should provide to foreign investment.

The Impact of Investment Treaties on Contracts between Host States and Foreign Investors

Author: Jan Ole Voss

Publisher: BRILL

Published: 2010-12-10

Total Pages: 401

ISBN-13: 9004188126

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In the field of investment treaty arbitration, the co-existence of contracts and treaties has generated an increasingly divided jurisprudence on central aspects of treaty interpretation. This book comprehensively examines the legal problems surrounding the relationship of these two instruments.

Asia's Changing International Investment Regime

Author: Julien Chaisse

Publisher: Springer

Published: 2017-10-24

Total Pages: 260

ISBN-13: 9811058822

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This book focuses on the Asia-Pacific region, delineating the evolving dynamics of foreign investment in the region. It examines the relationship between efforts to increase foreign direct investment (FDI) and efforts to improve governance and inclusive growth and development. Against a background of rapidly developing international investment law, it emphasises the need to strike a balance between these domestic and international legal frameworks, seeking to promote both foreign investment and the laws and policies necessary to regulate investments and investor conduct. Foreign investments play a pivotal role in most countries’ political economies, and in order to encourage cross-border capital flows, countries have taken various steps, such as revising their domestic legal frameworks, liberalising rules on inward and outward investment, and creating special regimes that provide incentives and protections for foreign investment. Alongside the developments in domestic laws, countries have also taken bilateral and multilateral action, including entering into trade and/or investment agreements. Further, the book explores regional investment trends, highlights specific features of Asia-Pacific investment laws and treaties, and analyses policy implications. It addresses four overarching themes: the trends (how Asia-Pacific’s agreements compare with recent global trends in the evolving rules on foreign investment); what China is doing; current investment arbitration practice in Asia; and the importance of regionalising investment law in the Asia-Pacific region. In addition, it identifies and discusses the research and policy gaps that should be filled in order to promote more sustainable and responsible investment. The book offers a valuable resource not only for academics and students, but also for trade and investment officials, policy-makers, diplomats, economists, lawyers, think tanks, and business leaders interested in the governance and regulation of foreign investment, economic policy reforms, and the development of new types of investment agreements.