India And Bilateral Investment Treaties
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India And Bilateral Investment Treaties
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Author : Prabhash Ranjan
language : en
Publisher: Oxford University Press
Release Date : 2019-04-24
India And Bilateral Investment Treaties written by Prabhash Ranjan and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-04-24 with Performing Arts categories.
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.
India And Bilateral Investment Treaties
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Author : Prabhash Ranjan
language : en
Publisher:
Release Date : 2019-05
India And Bilateral Investment Treaties written by Prabhash Ranjan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05 with categories.
Many countries have started contesting international investment treaties that allow foreign corporations to sue sovereign States for alleged treaty breaches at international arbitration fora. This contestation has taken the form of either countries terminating their investment treaties orwalking out of the investor-State dispute settlement (ISDS) system. India has also jumped on the contestation bandwagon. 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 studies critically India's approach towards BITs by tracing its origin, evolution, and the current state of play. The book does so by locating it in India's economic policy in general and policy towardsforeign investment in particular. India's approach towards BITs and its 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 protectionistwhile India's foreign investment policy continues to be liberal. In order 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.
India And Bilateral Investment Treaties
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Author : Prabhash Ranjan
language : en
Publisher:
Release Date : 2019
India And Bilateral Investment Treaties written by Prabhash Ranjan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Electronic books categories.
Many countries have started contesting international investment treaties that allow foreign corporations to sue sovereign States for alleged treaty breaches at international arbitration fora. This contestation has taken the form of either countries terminating their investment treaties or walking out of the investor-State dispute settlement (ISDS) system. India has also jumped on the contestation bandwagon. 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 work studies critically India's approach towards BITs by tracing its origin, evolution, and the current state of play.
Protection Of Foreign Investment In India And Investment Treaty Arbitration
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Author : Aniruddha Rajput
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2016-04-24
Protection Of Foreign Investment In India And Investment Treaty Arbitration written by Aniruddha Rajput and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-24 with Law categories.
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 S Bilateral Investment Treaties 2 0
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Author : James J. Nedumpara
language : en
Publisher: Springer
Release Date : 2024-08-02
India S Bilateral Investment Treaties 2 0 written by James J. Nedumpara and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-08-02 with Law categories.
The book provides a deep and insightful enquiry into a set of persistent questions about investment treaties, including the causal relationship between investment treaties and investment, and their role in emerging economies such as India. It is innovative and pathbreaking as it distils past practices and experiences of investment treaties, from local and global perspectives, and seeks to sketch a template that could mark the next generation of bilateral investment treaties (BITs) for emerging economies, including India. The book provides an authoritative account of whether the investment community accords importance to the existence of investment treaties while taking investment decisions, based on cross-country ethnographic research involving some of the key stakeholders drawn from foreign investor community, academicians, leading practitioners and key policy makers. Among other topics, it discusses potential evolution of investment treaties and how next generation treaties should look like, drawing lessons from past experiences, current practices and most importantly, the outlook for India in its next stage of development. The book is very useful for academic community studying international investment law (IIA). Domestic and international practitioners of law will find the book a must read as the topic is emerging as a vibrant field of practice and consulting, and the volume focuses on some of the most debated areas in IIA. The book contains interest areas for policy makers, especially those who work in the field of commerce and economic diplomacy. It is also immensely useful to treaty negotiators and professionals that actively assist and advise negotiating teams of BITs and other investment disciplines which are part of trade agreements.
An Economic Analysis Of Bilateral Investment Treaties
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Author : Jan Peter Sasse
language : en
Publisher: Springer Science & Business Media
Release Date : 2011-03-02
An Economic Analysis Of Bilateral Investment Treaties written by Jan Peter Sasse and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-03-02 with Business & Economics categories.
Bilateral Investment Treaties (BITs) are an important instrument for the protection of foreign direct investment (FDI). However, compared to international trade law, international investment law has so far received only little research attention from an economic point of view. By applying a law and economics approach, Jan Peter Sasse provides a systematic analysis of the way BITs function. He explains why BITs are more than just a signal, how they relate to institutional competition as well as to institutional quality and why transparency in international investment arbitration is hard to achieve and may even be detrimental.
Handbook On Investment Arbitration In India
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Author : Chirag Balyan
language : en
Publisher: Centre for Arbitration and Research, Maharashtra National Law University Mumbai
Release Date : 2021-10-20
Handbook On Investment Arbitration In India written by Chirag Balyan and has been published by Centre for Arbitration and Research, Maharashtra National Law University Mumbai this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-20 with Law categories.
The handbook on Investment Arbitration in India has been prepared by the team at the Centre for Arbitration and Research of Maharashtra National Law University Mumbai to create a reliable and accessible resource for the students, lawyers and practitioners. The handbook discusses the history, nature and fundamental concepts of investment arbitration. It also examines the investment arbitration cases involving India as a party, how investment arbitration awards are enforced in India and the recent debates and trends for the reforms in the investor-state dispute mechanisms. The handbook charts out various career options in this field.
Adjudicating Global Business In And With India
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Author : Leïla Choukroune
language : en
Publisher: Routledge
Release Date : 2021-07-22
Adjudicating Global Business In And With India written by Leïla Choukroune and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-22 with Law categories.
This edited collection on international commercial and investment disputes in, and with, India examines past and present landmark legislative and regulatory reforms initiated by the Indian government, including the 2015 new Bilateral Investment Treaty (BIT) model, the 2015 amendments to the 1996 Arbitration Act and the 2013 amendments to Section 135 of the Companies Act on Corporate Social Responsibility (CSR), as well as the most recent amendments to the same. The book also includes recent developments in the dispute resolution arena, regional, and international negotiations involving India, the legal profession’s response to these developments, and civil society’s comments. In addition, it addresses contemporary problems of key importance and at the centre of today’s discussions, from the legitimacy and relevance of Investor–State Dispute Settlement (ISDS) to the denunciation of Bilateral Investment Treaties (BITs), and the role arbitration should play in emerging economies now leaders in world trade. In creating bridges between commercial and investment arbitration, it also renews the conceptual approach to these too often artificially isolated fields of law. The volume provides an accurate and updated account of the many fascinating conceptual and practical evolutions, which already impact the world of international dispute resolution far beyond the borders of India. This unique and exhaustive study will be of great appeal to a vast range of readers from practitioners to academia.
The Shift In The Bilateral Investment Treaty Regime In India
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Author : Maithili Parikh
language : en
Publisher:
Release Date : 2019
The Shift In The Bilateral Investment Treaty Regime In India written by Maithili Parikh and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with categories.
Investment Protection In Southeast Asia
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Author : Loretta Malintoppi
language : en
Publisher: BRILL
Release Date : 2016-10-27
Investment Protection In Southeast Asia written by Loretta Malintoppi and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-10-27 with Law categories.
Investment Protection in Southeast Asia: A Country-by-Country Guide on Arbitration Laws and Bilateral Investment Treaties is a reference guide to investment protection in the region.