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Author: Prabhash Ranjan
Publisher: Oxford University Press
ISBN: 0199097070
Category : Performing Arts
Languages : en
Pages : 414
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Book Description
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.
Author: Prabhash Ranjan
Publisher: Oxford University Press
ISBN: 0199097070
Category : Performing Arts
Languages : en
Pages : 414
Get Book Here
Book Description
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.
Author: Prabhash Ranjan
Publisher:
ISBN: 9780199493746
Category :
Languages : en
Pages : 344
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Book Description
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.
Author: Prabhash Ranjan
Publisher:
ISBN: 9780199097081
Category : Electronic books
Languages : en
Pages :
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Book Description
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.
Author: Aniruddha Rajput
Publisher: Kluwer Law International B.V.
ISBN: 904118614X
Category : Law
Languages : en
Pages : 248
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Book Description
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.
Author: Prabhash Ranjan
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
This article examines the origin, evolution and current status of the Indian Bilateral Investment Treaty (BIT) programme. India launched its BITs programme in 1994 as part of its overall strategy of economic liberalization. To date, India has entered into more than 80 BITs. However, India's BIT programme didn't receive much attention until recently when numerous foreign investors brought BIT claims against India challenging various regulatory measures such as cancellation of telecom licences and imposition of retrospective taxes. This sudden gush of BIT claims has put the focus on India's BIT programme. It has triggered concerns about Indian BITs not balancing investment protection with India's regulatory power, thus compelling India to re-think its BIT programme.
Author: Julien Chaisse
Publisher: BRILL
ISBN: 9004360107
Category : Law
Languages : en
Pages : 725
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Book Description
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.
Author: Leïla Choukroune
Publisher: Routledge
ISBN: 1000407969
Category : Law
Languages : en
Pages : 190
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Book Description
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.
Author: Prabhash Ranjan
Publisher:
ISBN:
Category :
Languages : en
Pages : 28
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Book Description
This chapter will study the evolution of India's approach to bilateral investment treaties (BITs) since her independence in 1947. The chapter will trace this evolution by dividing the time period from 1947 to date in three phases. In the first phase, from 1947 till end of 1990, India didn't undertake international treaty obligations in the form of BITs to protect foreign investment in India primarily because of import substitution economic policies. However, this started to change in early 1991 - the second phase of this study. In the second phase, India decided to lift her self-imposed insulation from the global economy and unleashed major structural adjustments and macro-economic reforms, of the kind never undertaken before. Due to this changed economic approach, India's approach towards BITs also changed. India started signing BITs with many countries aimed at protecting foreign investment. This launch and expansion of signing BITs continued till 2010. Post 2010, we are witnessing third phase of India's approach BITs. In this phase, India started critically reviewing her BITs in wake of numerous BIT claims brought by foreign investors against India. A critical step in this phase has been the adoption of the 2015 draft Model BIT. This development points towards India's new investment treaty practice, which does not put the same faith in BITs as the second phase. The chapter will conclude by observing that India's new investment treaty practice should evolve in a manner that reconciles investment protection with host State's right to regulate.
Author: Alexandre Genest
Publisher: BRILL
ISBN: 9004392106
Category : Law
Languages : en
Pages : 288
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Book Description
In Performance Requirement Prohibitions in International Investment Law, Alexandre Genest proposes the first empirical typology of performance requirement prohibitions in investment treaties and the first in-depth analysis of arbitral awards on the subject, which will improve their interpretation and drafting.
Author: Shen Wei
Publisher: Cambridge University Press
ISBN: 1108490980
Category : Education
Languages : en
Pages : 371
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Book Description
Comprehensively investigate key characteristics, evolutionary path, driving forces, interpreting methodologies, and some missing puzzles of Chinese BITs.
