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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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Protection of Foreign Investment in India and Investment Treaty Arbitration

ISBN13: 9789041182319
Published: November 2017
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £131.00

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Protection of Foreign Investment in India and Investment Treaty Arbitration aims at introducing the driving concepts of investment arbitration with a focus on Bilateral Investment Treaties (BITs) and Free Trade Agreements.

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 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 a 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.

What’s in this book:

Among the matters discussed are the following:

  • jurisprudence of investment tribunals, with a 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.
How this will help you:

Given India’s position as a hugely influential player in the cross-border movement of capital, this book discusses the willingness of the Indian legal system to ‘change the rules’ towards protection of foreign investment and investment treaty arbitration. This book serves as a guide to understanding the implications of municipal law and the jurisprudence of Indian courts on international investment law.

Thus, this book proves to be of immeasurable value to practitioners, legal academics, interested policy makers, multinational corporations and their counsel, and others to confidently face the challenges posed by the investment protection regime in India.

Other Jurisdictions , Arbitration and Dispute Resolution, India, International Investment Law
List of Abbreviations
Chapter 1 Introduction
Chapter 2 Historical Background of Investment Protection
Chapter 3 Conditions of Entry, Operation and Consequences of Violations (Doctrine of Illegality)
Chapter 4 Applicable Laws and Jurisdiction
Chapter 5 Treatment Standards
Chapter 6 Dispute Resolution and Enforcement of Investment Awards
Chapter 7 Indian Judiciary and Investment Treaty Arbitration
Chapter 8 India and ICSID
Chapter 9 Conclusion
Table of Cases
Table of Statutes
Table of Treaties and Other Legal Instruments