India and Bilateral Investment Treaties

India and Bilateral Investment Treaties PDF 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.

India and Bilateral Investment Treaties

India and Bilateral Investment Treaties PDF 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.

India’s Bilateral Investment Treaties 2.0

India’s Bilateral Investment Treaties 2.0 PDF Author: James J. Nedumpara
Publisher: Springer Nature
ISBN: 9819734010
Category :
Languages : en
Pages : 276

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Book Description


India’s Bilateral Investment Treaties 2.0

India’s Bilateral Investment Treaties 2.0 PDF Author: James J. Nedumpara
Publisher: Springer
ISBN: 9789819734009
Category : Law
Languages : en
Pages : 0

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Book Description
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.

The Indian Model Bilateral Investment Treaty

The Indian Model Bilateral Investment Treaty PDF Author: K. Rajaraman
Publisher:
ISBN:
Category :
Languages : en
Pages : 25

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Book Description
The paper analyses the evolution of India's Bilateral Investment Treaty (BIT) policy in terms of continuity and change over time, in tune with the changing domestic and international investment regimes. On the drafting of India's new model BIT, the paper explains why the Indian authorities pursued a realistic approach to find a “middle path” between investment protection standards and the legitimate right of governments to regulate economic activity in the public interest. The authors explain the underlying rationale behind the substantive and procedural changes made in the new Indian model BIT. The authors view the review of the model treaty is merely one more contribution to changing the system of investment treaties worldwide with the next challenge being to overhaul the large number of India's existing BITs to bring them in line with the renewed approach and integrate the trade and investment regimes towards a common agenda.

India and Bilateral Investment Treaties -- A Changing Landscape

India and Bilateral Investment Treaties -- A Changing Landscape PDF 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.

Model Text for the Indian Bilateral Investment Treaty: bilateral investment treaty between the government of the Republic of India and ---.

Model Text for the Indian Bilateral Investment Treaty: bilateral investment treaty between the government of the Republic of India and ---. PDF Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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Book Description


Adjudicating Global Business in and with India

Adjudicating Global Business in and with India PDF 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.

Paradigmatic Shifts in Indian Bilateral Investment Treaties

Paradigmatic Shifts in Indian Bilateral Investment Treaties PDF Author: Saravanan A
Publisher:
ISBN:
Category :
Languages : en
Pages : 3

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Book Description
The authors highlight the paradigmatic shifts in Indian Bilateral Investment Treaties and the challenges associated with the new model of 2015.

Bilateral Investment Treaties

Bilateral Investment Treaties PDF Author: Rudolf Dolzer
Publisher: BRILL
ISBN: 9004641904
Category : Law
Languages : en
Pages : 350

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Book Description


International Investment Treaties and Arbitration Across Asia

International Investment Treaties and Arbitration Across Asia PDF 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 brings together leading academics and practitioners to examine whether and how the Asian region has or may become a significant ‘rule maker’ in contemporary international investment law and dispute resolution. The editors introduce FDI trends and regulations, investment treaties and arbitration across Asia. Authors add country studies for the ten member states of the Association of Southeast Asian Nations as well as an overview of ASEAN treaties, or examine other potential ‘middle powers’ (Korea, Australia and New Zealand collectively) and the emerging ‘big players’ (China, Japan and India). Two early chapters present econometric studies of treaty impact on FDI flows, in aggregate as well as for Thailand, while two concluding chapters offer other normative and forward-looking perspectives.