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.
Inhaltsverzeichnis (Table of Contents)
- GLOSSARY OF TERMS
- INTRODUCTION
- WHAT IS INVESTMENT ARBITRATION OR INVESTMENT TREATY ARBITRATION?
- Meaning
- Difference between International Commercial Arbitration (ICA) and Investment Arbitration/Investment Treaty Arbitration (ITA)
- Consent of the host state for entering into Investment Arbitration
- Bilateral Investment Treaties (BITS)
- Free Trade Agreements (FTAs)
- The Energy Charter Treaty
- The ASEAN Comprehensive Investment Agreement
- Human Rights Treaties
- Various Arbitral Institutions that conduct Investment Arbitration
- International Chamber of Commerce Paris
- Stockholm Chamber of Commerce
- London Court of International Arbitration
- International Centre for Settlement of Investment Disputes
- Enforcement of Foreign Arbitral Awards
- The New York Convention
- Other Multilateral Conventions
- Bilateral Conventions
- National Model Laws
- DIRECT INVESTMENT
- HISTORY OF BITS IN INDIA
- BILATERAL INVESTMENT TREATIES AND FOREIGN DIRECT INVESTMENT
- Phase I From 1994 to 2010
- BITs as instruments to attract foreign investments
- Dabhol Power Project
- Phase II From 2011 till continued....
- The White Industries Case
- CHANGING APPROACH OF INDIA TOWARDS INVESTMENT TREATIES
- ANALYSIS OF INDIA's NEW MODEL BIT AND ISSUES CONCERNING INVESTOR STATE DISPUTE SETTLEMENT (ISDS) AND INVESTMENT TREATY ARBITRATION (ITA)
- Preamble
- Definition of Investor and Investment
- Scope and general provisions
- A new approach to FET obligation
- National Treatment
- Absence of Most Favoured Nation
- Umbrella and other Stabilisation clauses
- Expropriation
- Transfers
- Liability of Investors
- Exhaustion of local remedies
- Arbitral Tribunal
- Appeals
- State v. State
- Exception Clauses
- Review, Amendment & Termination
- Analysis
- CONCLUSION
- REFERENCES
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This term paper analyzes the role of investment arbitration as a mechanism for sustaining Foreign Direct Investment (FDI) in India. It delves into the history of Bilateral Investment Treaties (BITs) in India, examining the changing approach towards these treaties and the implications of the new model BIT for investor-state dispute settlement (ISDS) and investment treaty arbitration (ITA).
- The significance of investment arbitration for attracting and safeguarding FDI in India
- The evolution of BITs in India, including their role in promoting foreign investment
- The evolving approach of India towards investment treaties, with a focus on the new model BIT
- The analysis of key provisions in the new model BIT related to ISDS and ITA
- The potential impact of the new model BIT on the investment environment in India
Zusammenfassung der Kapitel (Chapter Summaries)
The term paper begins by defining key terms related to investment arbitration and exploring the different types of investment treaties. It then examines the history of BITS in India, highlighting key phases and landmark cases. The paper analyzes the changing approach of India towards investment treaties, culminating in a comprehensive exploration of the new model BIT. This analysis focuses on key provisions relating to ISDS and ITA, discussing the implications of these provisions for both investors and the Indian government.
Schlüsselwörter (Keywords)
The key terms and concepts explored in the paper include investment arbitration, investment treaty arbitration, Bilateral Investment Treaties (BITs), Foreign Direct Investment (FDI), Investor-State Dispute Settlement (ISDS), the new model BIT, and the changing approach of India towards investment treaties.
- Quote paper
- Sahastranshu Singh (Author), 2020, Investment Arbitration. A plausible mechanism to sustain FDI in India, Munich, GRIN Verlag, https://www.grin.com/document/583575
